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FENSKE v. THALACKER

No. 94-2865.

60 F.3d 478 (1995)

Stan T. FENSKE, Petitioner-Appellant, v. John THALACKER, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 17, 1995.

Rehearing and Suggestion for Rehearing Denied September 7, 1995.

Attorney(s) appearing for the Case

Paul J. Papak, Federal Public Defender, Cedar Rapids, IA, argued, for appellant.

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

Before McMILLIAN, FAGG, and HANSEN, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied September 7, 1995.

HANSEN, Circuit Judge.

An Iowa jury convicted Stan T. Fenske of committing first degree burglary, assault with intent to inflict serious injury, and simple assault, in violation of Iowa law. A panel of the Iowa Court of Appeals reversed the burglary conviction with one judge in dissent, but the Supreme Court of Iowa vacated that opinion and affirmed Fenske's convictions in a unanimous...

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