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MITCHELL v. STATE OF IDAHO

No. 85-4318.

814 F.2d 1404 (1987)

Betty Jane MITCHELL, Petitioner-Appellant, v. STATE OF IDAHO, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 16, 1987.

Attorney(s) appearing for the Case

Thomas H. Borresen, Betty Mitchell, Boise, Idaho, for petitioner-appellant.

Lynn E. Thomas, Boise, Idaho, for respondent-appellee.

Before BROWNING, Chief Judge, WRIGHT, Circuit Judge, and ORRICK, District Judge.

PER CURIAM:

Betty Jane Mitchell appeals the district court's denial of her petition for a writ of habeas corpus. We affirm.

The State of Idaho contends Mitchell's notice of appeal was untimely. On July 1, 1985 the court filed a "Memorandum Opinion and Order." This eight-page document discussed the facts and law and detailed the reasons for the district court's decision. Such a document does not comply with the requirement of Fed.R.Civ.P. 58 that "[e]very judgment...

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