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NEUSCHAFER v. McKAY

No. 86-1909.

807 F.2d 839 (1987)

Jimmy NEUSCHAFER, Petitioner-Appellant, v. Brian McKAY, Attorney General of the State of Nevada, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 6, 1987.

Attorney(s) appearing for the Case

N. Patrick Flanagan, Asst. Federal Public Defender, Federal Public Defender's Office, Reno, Nev., for petitioner-appellant.

David Sarnowski, Deputy Atty. Gen., Brian R. Hutchins, Asst. Atty. Gen., Atty. General's Office Carson City, Carson City, Nev., for respondent-appellee.

Before CHAMBERS, KENNEDY, and HALL, Circuit Judges.

KENNEDY, Circuit Judge:

Appellant Neuschafer appeals from the district court's denial of his petition for habeas corpus, 630 F.Supp. 897. We remand for an evidentiary hearing on whether Neuschafer's confession was obtained consistently with the standards set forth in Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981).

Neuschafer was convicted under Nevada law...

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