Dean Frey v. Walter Leapley, Warden, South Dakota State Penitentiary and Roger Tellinghuisen, Attorney General, State of South Dakota

ARNOLD, Circuit Judge.

This is a petition for habeas corpus brought by Dean Frey, a South Dakota inmate presently serving two concurrent sentences of twelve years’ imprisonment for aggravated assault. Mr. Frey attributes error of constitutional magnitude to the state trial court’s refusal to give several of his proposed jury instructions. A magistrate judge 1 recommended that Mr. Frey’s application for writ of habeas corpus be denied. The District Court 2 adopted the Magistrate’s Findings and Recommendations, dismissed the petition, and denied petitioner’s application for a certificate of…