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DEUTSCHER v. WHITLEY

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

671 F.Supp. 1264 (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.

October 22, 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.

EDWARD C. REED, Jr., Chief Judge.

The Court, by its order of June 26, 1987, 663 F.Supp. 793 (D.Nev.1987), held that the petitioner has not established cause and prejudice to excuse his procedural default on counts 2, 3, 5, 6, 9, and 10 of the habeas corpus petition. The Court had held a hearing, and had received evidence on the question of whether the petitioner's trial counsel's failure to raise these various claims in the state...

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