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PIERRE v. SHULSEN

Nos. 85-1021, 85-1082.

802 F.2d 1282 (1986)

Dale S. PIERRE, a/k/a Dale Selby, Petitioner-Appellant, Cross-Appellee, v. Kenneth V. SHULSEN, Warden of the Utah State Prison, and David L. Wilkinson, Attorney General of the State of Utah, Respondents-Appellees, Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 3, 1986.

Attorney(s) appearing for the Case

D. Gilbert Athay, Salt Lake City, Utah, for petitioner-appellant, cross-appellee.

Earl F. Dorius, Asst. Atty. Gen. (David L. Wilkinson, Atty. Gen., and David J. Schwendiman, Asst. Atty. Gen., with him on the brief), State of Utah, Salt Lake City, Utah, for respondents-appellees, cross-appellants.

Before McKAY, McWILLIAMS, and SEYMOUR, Circuit Judges.

Rehearing Denied in No. 85-1021 November 3, 1986.

SEYMOUR, Circuit Judge.

Dale Selby, a/k/a Dale S. Pierre,1 appeals from an order of the United States District Court for the District of Utah dismissing a habeas corpus petition challenging the constitutionality of his death sentence. See Selby v. Shulsen, 600 F.Supp. 432 (D.Utah 1984). We affirm.

Dale Pierre and William Andrews...

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