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ASHKER v. CLASS

No. 97-3579.

152 F.3d 863 (1998)

Lewis E. ASHKER, Appellant, v. Joseph CLASS, Warden, South Dakota Penitentiary, and Mark W. Barnett, Attorney General of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 14, 1998.

Attorney(s) appearing for the Case

Roberto A. Lange, Sioux Falls, South Dakota, argued, for Appellant.

Gary R. Campbell, Assistant Attorney General, Pierre, South Dakota, argued, for Appellees.

Before McMILLIAN, NOONAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

A state court jury in South Dakota convicted Lewis Ashker of a murder that the prosecutor contended took place on June 13, 1985. The South Dakota Supreme Court affirmed Mr. Ashker's conviction on direct appeal, see State v. Ashker, 412 N.W.2d 97 (S.D.1987), and also affirmed the denial of his petition for a state writ of habeas corpus, see...

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