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Phillip D. McFarland v. State of Iowa, 04-2786 (2005)

Court: Court of Appeals for the Eighth Circuit Number: 04-2786 Visitors: 28
Filed: Oct. 10, 2005
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-2786 _ Phillip D. McFarland, * * Appellant, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. State of Iowa, * * [UNPUBLISHED] Appellee. * _ Submitted: September 7, 2005 Filed: October 10, 2005 _ Before MELLOY, MAGILL, and GRUENDER, Circuit Judges. _ PER CURIAM. Phillip McFarland appeals the district court’s1 denial of his 28 U.S.C. § 2254 petition. The district court granted a certificate of
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                     United States Court of Appeals
                           FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 04-2786
                                    ___________

Phillip D. McFarland,                    *
                                         *
             Appellant,                  *
                                         * Appeal from the United States
      v.                                 * District Court for the
                                         * Southern District of Iowa.
State of Iowa,                           *
                                         *     [UNPUBLISHED]
             Appellee.                   *
                                    ___________

                              Submitted: September 7, 2005
                                 Filed: October 10, 2005
                                  ___________

Before MELLOY, MAGILL, and GRUENDER, Circuit Judges.
                           ___________

PER CURIAM.

       Phillip McFarland appeals the district court’s1 denial of his 28 U.S.C. § 2254
petition. The district court granted a certificate of appealability limited to the issue
whether defense counsel should have requested a jury instruction regarding the
common law right to bounty hunt. We affirm for the reasons explained by the district
court. See 8th Cir. R. 47B.
                        ______________________________


      1
      The Honorable James E. Gritzner, United States District Judge for the
Southern District of Iowa.

Source:  CourtListener

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