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NEUSCHAFER v. WHITLEY

No. CV-R-85-590-ECR.

630 F.Supp. 897 (1986)

Jimmy NEUSCHAFER, Petitioner, v. Harol WHITLEY, Warden of the Nevada State Prison, and Brian McKay, Attorney General of the State of Nevada, Respondents.

United States District Court, D. Nevada.

March 12, 1986.

Attorney(s) appearing for the Case

N. Patrick Flanagan, Asst. Federal Public Defender, Reno, Nev., for petitioner.

Brian McKay, Atty. Gen. by Brian R. Hutchins and David F. Sarnowski, Deputies, Carson City, Nev., for respondents.

ORDER

EDWARD C. REED, Jr., District Judge.

Jimmy Neuschafer was convicted of the first degree murder of Johnnie Johnson,1 a fellow inmate at the Nevada State Prison. The jury sentenced him to death. After exhausting his state remedies, he filed this petition for writ of habeas corpus on November 4, 1985. At a hearing on November 4, 1985, this Court ordered the execution stayed, which had been scheduled for 2:00 a.m. on November...

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