LEWIS v. ERICKSON

No. 91-1314.

946 F.2d 1361 (1991)

George Esau LEWIS, Appellant, v. Robert A. ERICKSON, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 15, 1991.


Attorney(s) appearing for the Case

Douglas Peine, St. Paul, Minn., for appellant.

Lee W. Barry III, Minneapolis, Minn., for appellee.

Before McMILLIAN, FAGG and WOLLMAN, Circuit Judges.


FAGG, Circuit Judge.

George Esau Lewis appeals the district court's order denying his 28 U.S.C. § 2254 habeas petition. We reverse and remand with directions to grant the writ unless the state begins new trial proceedings within a reasonable period of time fixed by the district court.

At about 7:00 on a summer night in August 1988, a woman was walking home from a bar in Minneapolis when two men pulled her inside their car and sexually assaulted her. After...

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