Legal Opinion
Lewis E. Ashker v. Walter Leapley, Warden Mark W. Barnett, Attorney General, State of South Dakota
Court of Appeals for the Eighth Circuit
Decided October 1, 1993No. 92-3749PublishedCited by 62 opinions
1Opinion of the Court
WOLLMAN, Circuit Judge.
The State of South Dakota appeals from a district court order granting Lewis E. Ashker federal habeas corpus relief under 28 U.S.C. § 2254. Because we conclude that Ashker failed to exhaust his state court remedies, we reverse.
Ashker was convicted of first degree murder in the stabbing death of Jerry Plihal and was sentenced to life imprisonment. At trial, the State introduced the deposition of Sharon Novaock, the wife of Ashker’s co-defendant, Kurt Novaock. Sharon Novaock’s testimony placed Ashker with Kurt, Novaock on the afternoon of the murder. She also denied…
2Cases cited12 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
- United States v. George Samuel Walter RogersCourt of Appeals for the Eighth Circuit · 1976
- Darrell Martin v. Herman Solem, Warden, South Dakota State Penitentiary, and Mark v. Meierhenry, Attorney General, State of South DakotaCourt of Appeals for the Eighth Circuit · 1986
- State v. AshkerSouth Dakota Supreme Court · 1987
7 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Hillum Safat Qital Abdullah, Also Known as Tommie Lee West v. Michael GrooseCourt of Appeals for the Eighth Circuit · 1996
- Clarence Victor v. Frank X. HopkinsCourt of Appeals for the Eighth Circuit · 1996
- Vernon S. Krimmel v. Frank X. Hopkins, Warden, Nebraska State PenitentiaryCourt of Appeals for the Eighth Circuit · 1995
- Reeves v. HopkinsDistrict Court, D. Nebraska · 1994
- Lavon H. Frederickson v. Frank W. Wood, Commissioner of CorrectionsCourt of Appeals for the Eighth Circuit · 1996
57 more not listed; retrieve them via the Exa API.