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OTEY v. GRAMMER

No. 87-1522.

859 F.2d 575 (1988)

Harold Lamont OTEY, Appellant, v. Gary GRAMMER, Warden of Nebraska Penal and Correctional Complex, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 13, 1988.

Attorney(s) appearing for the Case

Jerry Soucie, Lincoln, Neb., for appellant.

Melvin K. Kammerlohr, Sr. Asst. Atty. Gen., Lincoln, Neb., for appellee.

Before JOHN R. GIBSON, BOWMAN, and WOLLMAN, Circuit Judges.

BOWMAN, Circuit Judge.

Harold Lamont Otey was convicted of first degree murder in the perpetration of first degree sexual assault and was sentenced to death. His conviction and sentence were affirmed on direct appeal to the Nebraska Supreme Court in State v. Otey, 205 Neb. 90, 287 N.W.2d 36 (1979), cert. denied, 446 U.S. 988, 100 S.Ct. 2974, 64 L.Ed.2d 846 (1980). State post-conviction...

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