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FREEMAN v. GRAVES

No. 02-2822.

317 F.3d 898 (2003)

Rick FREEMAN, Appellee, v. Leonard GRAVES, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 29, 2003.

Rehearing and Rehearing Denied: March 13, 2003.

Attorney(s) appearing for the Case

Robert P. Ewald, Asst. Atty. Gen., Des Moines, IA, for appellant.

Maria Ruhtenberg, argued, Des Moines, IA, for appellee.

Before LOKEN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied: March 13, 2003.

FAGG, Circuit Judge.

On Monday, November 29, 1992, the day before his trial on state charges of burglary and robbery, Rick Freeman sought a continuance because an alibi witness, his former girlfriend, was out of state. Freeman did not seek a continuance on the preceding Thursday (Thanksgiving) or Friday since the judge was unavailable. Because Freeman's attorney had not given notice of an alibi defense...

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