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FREY v. SCHUETZLE

No. 95-1967.

78 F.3d 359 (1996)

Jeffrey Eugene FREY, Petitioner-Appellee, v. Timothy SCHUETZLE, Warden, North Dakota State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 6, 1996.

Attorney(s) appearing for the Case

Galen J. Mack, Rugby, North Dakota, argued, for appellant.

Anthony R. Renzo, Des Moines, Iowa, argued, for appellee.

Before HANSEN, LAY, and MURPHY, Circuit Judges.

HANSEN, Circuit Judge.

The Warden of the North Dakota State Penitentiary (State) appeals from a district court order granting a writ of habeas corpus under 28 U.S.C. § 2254 to Jeffrey Frey, who was convicted of murder and aggravated assault under North Dakota law. The district court, adopting the report and recommendation of a United States magistrate judge, ruled that Frey did not knowingly and voluntarily waive his...

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