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THIEL v. SCHUETZLE

No. 98-1002.

200 F.3d 1120 (1999)

Duane THIEL, Petitioner-Appellant, v. Timothy SCHUETZLE, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 21, 1999.

Attorney(s) appearing for the Case

Michael R. Hoffman, Mandan, ND, argued, for appellant.

Ken Sorenson, Asst. Atty. Gen., Bismark, ND, argued, for appellee.

Before WOLLMAN, Chief Judge, LAY, and LOKEN, Circuit Judges.

LAY, Circuit Judge.

Duane Thiel (Thiel) was convicted by a jury for the murder of his brother, Warren Thiel (Warren), and was sentenced to fifteen years minus 249 days for time served at the North Dakota State Penitentiary. The Supreme Court of North Dakota affirmed his conviction in State v. Thiel, 515 N.W.2d 186 (N.D.1994). Thiel petitioned the district court for a writ of habeas corpus under 28 U.S.C. § 2254, arguing...

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