David Scurr, Warden of the Iowa State Penitentiary, Appellant-Cross v. Michael Charles Niccum, Appellee-Cross

SCHATZ, District Judge.

In 1969, Michael Niccum was convicted in the Iowa state court of first degree murder and sentenced to life imprisonment. Following an unsuccessful appeal to the state Supreme Court, State v. Niccum, 190 N.W.2d 815 (Iowa 1971), Niccum filed this action 1 for a writ of habeas corpus alleging, among other things, that he had been denied his right to a fair trial by the prosecution’s failure to provide the defense with potentially exculpatory evidence in advance of trial. In an unreported memorandum opinion, the district court granted the writ on that basis. 2 We affirm.

Evid…