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McDOWELL v. LEAPLEY

No. 92-1339.

984 F.2d 232 (1993)

Edward McDOWELL, Appellant, v. Walter LEAPLEY, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 15, 1993.

Rehearing Denied February 5, 1993.

Attorney(s) appearing for the Case

David V. Vrooman, Sioux Falls, SD, for appellant.

Craig M. Eichstadt, Deputy Atty. Gen., Pierre, SD, for appellee.

Before JOHN R. GIBSON and MAGILL, Circuit Judges, and VAN SICKLE, Senior District Judge.

VAN SICKLE, Senior District Judge.

This case comes before this court on an appeal from an order by the District Court1 denying Edward McDowell's petition for a writ of habeas corpus. McDowell was convicted of first degree murder of his wife by a South Dakota court in 1984. He appealed that conviction and the South Dakota Supreme Court affirmed. State v. McDowell, 391 N.W.2d 661 (S.D. 1986). McDowell...

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