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HOLTAN v. BLACK

Nos. 86-2456, 86-2519.

838 F.2d 984 (1988)

Richard Dean HOLTAN, Appellee, v. Charles BLACK, as Warden of the Nebraska Penal and Correctional Complex, Appellant. Richard Dean HOLTAN, Appellant, v. Charles BLACK, as Warden of the Nebraska Penal and Correctional Complex, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 4, 1988.

Attorney(s) appearing for the Case

Melvin K. Kammerlohr, Asst. Atty. Gen., Lincoln, Neb., for appellant.

Timothy K. Ford, Seattle, Wash., for appellee.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.

LAY, Chief Judge.

The petitioner is under a Nebraska death sentence arising from a murder that took place on October 31, 1974, in Omaha, Nebraska. Holtan was convicted of first degree murder on February 9, 1976. His conviction was affirmed by the Supreme Court of Nebraska. See State v. Holtan, 197 Neb. 544, 250 N.W.2d 876, cert. denied, 434 U.S. 912, 98 S.Ct. 313, 54 L.Ed.2d 198 (1977...

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