Court of Appeals for the Eighth Circuit March 6, 1996, 95-1967 (Jeffrey Eugene Frey v. Timothy Schuetzle, Warden, North Dakota State Penitentiary)

HANSEN, Circuit Judge.

The Warden of the North Dakota State Penitentiary (State) appeals from a district

*360

court order granting a writ of habeas corpus under 28 U.S.C. § 2254 to Jeffrey Frey, who was convicted of murder and aggravated assault under North Dakota law.