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PLETKA v. NIX

No. 90-2047SI.

924 F.2d 771 (1991)

Fred L. PLETKA, Appellant, v. Crispus NIX, Warden, Iowa State Penitentiary at Fort Madison, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 29, 1991.

Attorney(s) appearing for the Case

Martha McMinn, Sioux City, Iowa, for appellant.

Thomas McGrane, Asst. Atty. Gen., Des Moines, Iowa, for appellee.

Before ARNOLD, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

ARNOLD, Circuit Judge.

In this habeas corpus case Fred L. Pletka, an inmate of the Iowa State Penitentiary at Fort Madison, attacks his conviction for the first-degree murder of Robert Schmeckpepper on October 6, 1977. The sole claim presented is that Pletka's counsel were constitutionally ineffective because of their failure to object to a jury instruction that, it is argued, allowed the jury to convict him of murder in...

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