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FLYE v. PARRATT

No. 80-2161.

650 F.2d 152 (1981)

Lavell FLYE, Appellant, v. Robert F. PARRATT, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 5, 1981.

Rehearing and Rehearing Denied June 30, 1981.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., G. Roderic Anderson, Asst. Atty. Gen., Lincoln, Neb., for appellee.

Roger C. Lott, Lincoln, Neb., for appellant.

Before GIBSON, Senior Circuit Judge, ARNOLD, Circuit Judge, and McMANUS, District Judge.

Rehearing and Rehearing En Banc Denied June 30, 1981.

PER CURIAM.

Lavell Flye was convicted in the District Court of Box Butte County, Nebraska, of stabbing Nelson Boerschig with intent to kill, wound, or maim. In this federal habeas corpus proceeding, he claims that he has been deprived of liberty without due process of law because the state trial court did not sua sponte hold a hearing on his competency to understand the proceedings against him, and...

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