MEMORANDUM DECISION
NICHOL, Chief Judge.
This is a habeas corpus action brought by petitioner James Leroy Nelson under 28 U.S.C. section 2254. The petitioner was convicted of murder and given a life sentence in 1963. This conviction was affirmed on June 16, 1964, by the South Dakota Supreme Court. State v. Nelson, 80 S.D. 574,
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