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MENDOZA v. LEAPLEY

No. 93-1248.

5 F.3d 341 (1993)

Gilbert MENDOZA, Appellant, v. Walter LEAPLEY, Warden, South Dakota State Penitentiary; Mark W. Barnett, Attorney General, State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 24, 1993.

Attorney(s) appearing for the Case

Larry F. Hosmer, Yankton, SD, argued, for appellant.

William J. Nevin, Asst. Atty. Gen., Pierre, SD, argued, for appellees.

Before McMILLIAN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

Gilbert Mendoza, a South Dakota inmate, appeals the district court's1 denial of his 28 U.S.C. § 2254 petition. We affirm.

In April 1990, a South Dakota grand jury charged Mendoza with two counts of first-degree rape involving the five year-old daughter of his live-in girlfriend. Prior to trial, Mendoza moved twice for the appointment of Dr. William Arbes, a psychologist, as an expert to testify that Mendoza's personality...

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