DeVINE v. SOLEM

No. 86-5122.

815 F.2d 1205 (1987)

James L. DeVINE, Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary, and Mark V. Meierhenry, Attorney General, State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 7, 1987.


Attorney(s) appearing for the Case

Darla Pollman Rogers, Onida, S.D., for appellant.

Clair B. Ledbetter, Asst. Atty. Gen., Pierre, S.D., for appellees.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.


McMILLIAN, Circuit Judge.

James Llewellyen DeVine appeals from a final judgment entered in the District Court for the District of South Dakota denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Appellant was convicted of second degree burglary and was sentenced as a habitual offender to 35 years imprisonment. For reversal he argues that the admission of statements he made to psychiatrists during a sanity evaluation violated his Fifth Amendment...

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