MORROW v. PARRATT

No. 77-1925.

574 F.2d 411 (1978)

Curtis Dale MORROW, Appellee, v. Robert F. PARRATT, Jr., Warden, Nebraska Penal and Correctional Complex, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 10, 1978.


Attorney(s) appearing for the Case

Terry R. Schaaf, Asst. Atty. Gen., Lincoln, Neb., argued, Paul L. Douglas, Atty. Gen. of Nebraska, Lincoln, Neb., on brief, for appellant.

James B. Gessford, Perry, Perry, Witthoff & Guthery, Lincoln, Neb., for appellee.

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


STEPHENSON, Circuit Judge.

This is an appeal from the district court's order1 filed November 11, 1977, granting appellee Morrow's application for a writ of habeas corpus. We affirm.

Morrow was initially charged in 1974 in Douglas County, Nebraska, with one count of robbery and one count of use of a firearm in the commission of a felony. Pursuant to a plea bargain, Morrow entered a plea of guilty to the robbery charge and the firearm...

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