HOON v. IOWA

No. 01-3078.

313 F.3d 1058 (2002)

Richard Dale HOON, Petitioner/Appellee, v. State of IOWA, Respondent/Appellant, John F. Ault, Warden, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: December 19, 2002.


Attorney(s) appearing for the Case

Thomas W. Andrews, argued, Des Moines, IA, for appellant.

George W. Appleby, argued, Des Moines, IA, for appellee.

Before WOLLMAN, BRIGHT, and JOHN R. GIBSON, Circuit Judges.


WOLLMAN, Circuit Judge.

The State of Iowa appeals from the district court's grant of Richard Dale Hoon's petition for writ of habeas corpus. We reverse and remand with directions to dismiss the petition.

I.

On October 22, 1994, three men robbed Ailleen Foley in her Davenport, Iowa home. The men knocked at Foley's door, and when she answered the door they violently threw open the storm door and two of them entered the house. One of the men threatened...

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