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DEUTSCHER v. WHITLEY

No. CV-N-86-445-ECR.

663 F.Supp. 793 (1987)

Henry DEUTSCHER, 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.

June 25, 1987.

Attorney(s) appearing for the Case

Greg Costello by David J. Burman, Stephen R. Illa and Perkins Coie, Seattle, Wash. and Thomas E. Perkins, Carson City, Nev., for petitioner.

Brian McKay, Atty. Gen. by Brian Hutchins, Carson City, Nev. and Robert J. Miller, Clark Co. Dist. Atty. by James Tufteland, Deputy, Las Vegas, Nev., for respondents.

ORDER

EDWARD C. REED, Jr., Chief Judge.

On May 11, 1987, the Court heard oral argument and received evidence regarding the cause and prejudice showing required to overcome the petitioner's procedural default in the state courts. By its order of April 1, 1987, the Court held that nine counts in the petition were potentially barred by virtue of procedural default, and ordered that a hearing be held to determine the existence of cause and prejudice.

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