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CHEWNING v. ROGERSON

No. 93-3459.

29 F.3d 418 (1994)

Frank Ray CHEWNING, Appellant, v. Russell ROGERSON, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 11, 1994.

Attorney(s) appearing for the Case

B. John Burns of Des Moines, IA, argued, for appellant.

Thomas D. McGrane, Asst. Atty. Gen., of Des Moines, IA, for appellee.

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

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In October, 1989, Dianne Chewning was found dead in a motel room in Iowa. She had been strangled. After notice of a fugitive warrant from Iowa authorities for Frank Chewning, Dianne's husband, police in Utah arrested him in early November. A hearing on the fugitive warrant was then scheduled for the following day.

The public defender's office where Mr. Chewning was arrested customarily sends a lawyer to the jail every...

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