August K. Bergenthal v. Elmer Cady, Warden of Wisconsin State Prison, Waupun, Wisconsin

MURRAH, Senior Circuit Judge.

This is an appeal from the denial of a petition for a writ of habeas corpus in the district court. Bergenthal v. Cady, 326 F.Supp. 848 (E.D.Wis.1971). In a bifurcated Wisconsin state trial the jury first found petitioner guilty of first degree murder and a related offense and then rejected his defense of legal insanity at the time of the commission of the crimes. The Wisconsin Supreme Court affirmed the convictions. State v. Bergenthal, 47 Wis.2d 668, 178 N.W.2d 16 (1970), cert. denied, 402 U.S. 972, 91 S. Ct. 1657, 29 L.Ed.2d 136 (1971). Numerous grounds were…