PIERCE v. PARRATT

No. 81-1565.

666 F.2d 1205 (1981)

Timothy Layne PIERCE, Appellant, v. Robert F. PARRATT, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 16, 1981.

Rehearing and Rehearing Denied January 19, 1981.


Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., argued, Lincoln, Neb., for appellee.

Vincent M. Powers, Lincoln, Neb., for appellant.

Before HEANEY and STEPHENSON, Circuit Judges, and OLIVER, Senior District Judge.


Rehearing and Rehearing En Banc Denied January 19, 1981.

STEPHENSON, Circuit Judge.

Timothy Pierce, an inmate at the Nebraska State Penitentiary, appeals the district court's1 denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Pierce claims that the Nebraska habitual criminal statute2 is unconstitutional because it violates the separation of powers doctrine....

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