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MOORE v. SCURR

Civ. No. 80-44-D.

494 F.Supp. 1042 (1980)

Richard A. MOORE, Petitioner, v. David SCURR, Warden, Iowa State Penitentiary, Respondent.

United States District Court, S. D. Iowa, C. D.

August 28, 1980.

Attorney(s) appearing for the Case

Dennis F. Chalupa & Bradley McCall, Brierly, McCall, Girdner, Chalupa & Somers, Newton, Iowa, for petitioner.

Thomas D. McGrane, Asst. Atty. Gen., Des Moines, Iowa, for respondent.

ORDER GRANTING WRIT OF HABEAS CORPUS

VIETOR, District Judge.

This is a habeas corpus proceeding under 28 U.S.C. § 2254 brought by an inmate of the Iowa State Penitentiary at Fort Madison, Iowa, where respondent is the warden. Petitioner is serving a sentence of life imprisonment imposed on March 21, 1977, by a judge of the Iowa District Court after being found guilty by a jury of the crime of first degree murder. His conviction was affirmed by the Iowa...

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