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OGDEN v. WOLFF

Nos. 75-1042, 75-1083.

522 F.2d 816 (1975)

Gary OGDEN, Appellant, v. Charles L. WOLFF, Jr., Warden, Nebraska Penal and Correctional Complex, Appellee. Danny ATKINSON, Appellee, v. Charles L. WOLFF, Jr., Warden, Nebraska Penal and Correctional Complex, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 8, 1975.

Rehearings Denied October 6 and October 16, 1975.

Attorney(s) appearing for the Case

James M. Kelley, Lincoln, Neb., for Gary Ogden, appellant, in No. 75-1042 and Danny Atkinson, appellee in No. 75-1083.

Terry R. Schaaf, Dept. of Justice, Sp. Asst. Atty. Gen., Lincoln, Neb., for Charles L. Wolff, Jr., appellee in No. 75-1042 and appellant in No. 75-1083.

Before GIBSON, Chief Judge, and HEANEY and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

The sole issue in these consolidated state habeas appeals, brought under 28 U.S.C. § 2254, is whether the non-disclosure to petitioners' attorney of the written record of the polygraph examination and pre-test interview conducted upon the prosecutrix in petitioners' trials for statutory rape resulted in a denial of fundamental fairness at those trials. We find that it did not. Accordingly, we affirm the district court's

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