ROGERS v. WHITLEY

No. CV-N-87-505-ECR.

701 F.Supp. 757 (1988)

Mark ROGERS, Petitioner, v. Harol WHITLEY and the Attorney General of the State of Nevada, Respondents.

United States District Court, D. Nevada.

November 21, 1988.


Attorney(s) appearing for the Case

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

David Sarnowski, Deputy Atty. Gen., Carson City, Nev., for respondents.


ORDER

EDWARD C. REED, Jr., Chief Judge.

The issue before this Court is whether the seventh ground of Rogers' petition for writ of federal habeas corpus has been exhausted as required by 28 U.S.C. § 2254(b). This ground asserts that Rogers' conviction for first-degree murder and subsequent death sentence were constitutionally infirm because "Nevada's M'Naghten Rule is an inappropriate and improper test for...

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