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ODEM v. HOPKINS

No. 98-2794.

192 F.3d 772 (1999)

Robert W. ODEM, Appellee, v. Frank X. HOPKINS, Warden, and Tom Miller, Attorney General, State of Iowa, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 23, 1999.

Attorney(s) appearing for the Case

Mary Tabor, AAG, Des Moines, IA, argued, for appellant.

Martha M. McMinn, Sioux City, IA, argued, for appellee.

BEFORE: RICHARD S. ARNOLD and LOKEN, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge.

The State of Iowa (appellant or State) appeals the district court's granting of habeas corpus relief to Robert W. Odem (appellee or Odem), ordering the State to retry or release him. Odem's petition for habeas corpus alleged that Odem's constitutional rights were violated by the State withholding exculpatory evidence and by ineffective assistance of counsel. We reverse the district court's finding that the State withheld exculpatory evidence...

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