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FREY v. LEAPLEY

No. 90-5325.

931 F.2d 1253 (1991)

Dean FREY, Appellant, v. Walter LEAPLEY, Warden, South Dakota State Penitentiary; and Roger Tellinghuisen, Attorney General, State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 26, 1991.

Rehearing Denied July 16, 1991.

Attorney(s) appearing for the Case

Rita D. Haverly, Sioux Falls, S.D., for appellant.

Wade A. Hubbard, Pierre, S.D., for appellees.

Before McMILLIAN, ARNOLD and LOKEN, Circuit Judges.

ARNOLD, Circuit Judge.

This is a petition for habeas corpus brought by Dean Frey, a South Dakota inmate presently serving two concurrent sentences of twelve years' imprisonment for aggravated assault. Mr. Frey attributes error of constitutional magnitude to the state trial court's refusal to give several of his proposed jury instructions. A magistrate judge1 recommended that Mr. Frey's application for writ of habeas corpus be denied. The...

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