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HOOD v. HELLING

No. 96-4180.

141 F.3d 892 (1998)

Michael L. HOOD, Petitioner-Appellee, v. James HELLING, as Warden of the Iowa State Penitentiary; Tom Miller, Attorney General of the State of Iowa, Respondents-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 14, 1998.

Rehearing and Suggestion for Rehearing Denied May 20, 1998.

Attorney(s) appearing for the Case

Ann E. Brenden, Asst. Atty. Gen., Des Moines, IA, argued (Thomas D. McGrane, Asst. Atty. Gen., Des Moines, IA, on the brief), for Respondents-Appellants.

Barbara A. Schwartz, Iowa City, IA, argued, for Petitioner-Appellee.

Before BOWMAN, LAY, and MURPHY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 20, 1998.

MURPHY, Circuit Judge.

Michael Hood and Sherryl Snodgrass were convicted after a joint trial in Iowa state court for the first degree murder of Gregory Snodgrass, Sherryl's husband. The district court granted Hood's petition for a writ of habeas corpus under 28 U.S.C. § 2254 after concluding that the joint trial had violated his due process rights. The state appeals, and we reverse.

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