Sivak v. State

WALTERS, Chief Judge.

This is an appeal from an order of the district court “dismissing” an intermediate appeal from the magistrate division in a habeas corpus proceeding. The case involves an inmate incarcerated on death row at the state penitentiary. The inmate, Lacey Sivak, contends he should be released because of an alleged illegal incarceration which occurred in 1983. We affirm the order of the district court upholding the magistrate’s order denying relief to Sivak on his petition.

In March, 1983, Lacey Sivak was being held at the penitentiary under a sentence of death. On March 24 our…