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FREDERICKSON v. WOOD

No. 95-2911.

87 F.3d 244 (1996)

LaVon H. FREDERICKSON, Plaintiff-Appellant, v. Frank W. WOOD, Commissioner of Corrections, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 24, 1996.

Attorney(s) appearing for the Case

Heidi Handorf Crissey, Stillwater, MN, argued, for appellant.

Robert Alexander Stanich, St. Paul, MN, argued (Wyman A. Nelson, Buffalo, MN, Hubert H. Humphrey, III as Minnesota Atty. Gen., on the brief), for appellee.

Before McMILLIAN, LAY, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

LaVon H. Frederickson appeals from the district court's denial of his habeas petition filed pursuant to 28 U.S.C. § 2254. We affirm on the basis of procedural bar.

A jury found Frederickson guilty under Minnesota law of both third-degree "depraved mind" murder, Minn.Stat. § 609.195(a) (1994), and first degree "heat of passion" manslaughter, id. § 609.20(1), for the killing of Charles H. Duncan. Frederickson appealed...

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