ASHKER v. LEAPLEY

No. 92-3749.

5 F.3d 1178 (1993)

Lewis E. ASHKER, Appellee, v. Walter LEAPLEY, Warden; Mark W. Barnett, Attorney General, State of South Dakota, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 1, 1993.


Attorney(s) appearing for the Case

John E. Haak, Pierre, SD, argued, for appellants.

Roberto A. Lange, Sioux Falls, SD, argued, for appellee.

Before WOLLMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and GUNN, District Judge.


WOLLMAN, Circuit Judge.

The State of South Dakota appeals from a district court order granting Lewis E. Ashker federal habeas corpus relief under 28 U.S.C. § 2254. Because we conclude that Ashker failed to exhaust his state court remedies, we reverse.

Ashker was convicted of first degree murder in the stabbing death of Jerry Plihal and was sentenced to life imprisonment. At trial, the State introduced the deposition of Sharon Novaock, the wife of Ashker...

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