BLANKENSHIP v. PARRATT

No. 76-2067.

554 F.2d 850 (1977)

Gary L. BLANKENSHIP, Appellant, v. Robert F. PARRATT, Warden, Nebraska Penal and Correctional Complex, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 2, 1977.


Attorney(s) appearing for the Case

James M. Bausch, Lincoln, Neb., for appellant.

Jerold V. Fennell, Asst. Atty. Gen., Lincoln, Neb., for appellee; Paul L. Douglas, Atty. Gen. and Paul W. Snyder, Asst. Atty. Gen., Lincoln, Neb., on brief.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.


ROSS, Circuit Judge.

Gary L. Blankenship appeals from an order denying him a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and § 2254. For the reasons stated below, we affirm.

Blankenship was convicted of second degree murder by a jury in state district court on April 11, 1975. He was sentenced on Friday, May 2, 1975, to an indeterminate sentence of twenty-five to thirty years. However, on the next day that court was in session, Monday, May...

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