GARY v. DORMIRE

No. 00-2187

256 F.3d 753 (2001)

David GARY, Appellant, v. Dave DORMIRE, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 6, 2001


Attorney(s) appearing for the Case

J. Patrick Sullivan, argued, Kansas City, MO, for Appellant.

Frank A. Jung, argued, Jefferson City, MO (Karen Pope Butler, on the brief), for Appellee.

Before BOWMAN, LOKEN, Circuit Judges, and STROM, District Judge.


STROM, District Judge.

David Gary appeals from the district court's denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. We affirm.

I. BACKGROUND

On September 9, 1989, at approximately 2:30 a.m., David Gary (petitioner) visited his estranged wife to explore the prospect of reuniting. His efforts at reconciliation proved unsuccessful, and the conversation ended with the petitioner striking his estranged wife in...

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