Duane Thiel v. Timothy Schuetzle, Respondent

LAY, Circuit Judge.

Duane Thiel (Thiel) was convicted by a jury for the murder of his brother, Warren Thiel (Warren), and was sentenced to fifteen years minus 249 days for time served at the North Dakota State Penitentiary. The Supreme Court of North Dakota affirmed his conviction in State v. Thiel, 515 N.W.2d 186 (N.D.1994). Thiel petitioned the district court for a writ of habeas corpus under 28 U.S.C. § 2254, arguing insufficiency of the evidence and alleging a due process violation based on alleged perjury by one of the State’s witnesses, Michael Hunter (Hunter). Pursuant to the magistrate…