MATTHES, Senior Circuit Judge.
This state prisoner action for federal habeas corpus is here by virtue of the certificate of probable cause issued by this court on April 3, 1978. The proceedings antedating the advent of the action in this court will be discussed to the extent essential to a proper understanding of the issue we are required to resolve.
The appellant, David Piercy, was convicted of burglary in a Nebraska state court on March 29, 1971, and was...
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