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SEEHAN v. STATE OF IOWA

No. 93-3194.

72 F.3d 607 (1995)

Thomas Earl SEEHAN, Sr., Appellee, v. STATE OF IOWA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 14, 1995.

Attorney(s) appearing for the Case

Thomas McGrane, Asst. Atty. Gen. (argued), Des Moines, IA, for appellant.

Mark A. Roeder (argued), Manchester, IA, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, HEANEY, McMILLIAN, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges, en banc.

BOWMAN, Circuit Judge.

The State of Iowa appeals from the order of the District Court granting the 28 U.S.C. § 2254 petition of Thomas Earl Seehan, Sr., for a writ of habeas corpus. We reverse.

I.

In 1976, Seehan was tried by jury in an Iowa state court for the murder of his two-year-old son Tommy Seehan. He was convicted of first-degree murder and was sentenced, as required by Iowa law, to life imprisonment without possibility of parole. On...

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