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NEUSCHAFER v. WHITLEY

No. 88-1688.

860 F.2d 1470 (1988)

Jimmy NEUSCHAFER, Petitioner-Appellant, v. Harol WHITLEY; Attorney General for the State of Nevada, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted May 6, 1988.

Decided November 3, 1988.

Attorney(s) appearing for the Case

Mary E. Boetsch, Mooney & Boetsch, Ltd., Reno, Nev., for petitioner-appellant.

Brian McKay, Attorney General and David Sarnowski, Deputy Atty. Gen., Carson City, Nev., for respondents-appellees.

Before CHAMBERS, ALARCON and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Jimmy Neuschafer appeals from the dismissal of his petition for writ of habeas corpus on abuse of the writ grounds. We reverse and remand.

I.

Jimmy Neuschafer was sentenced to death on April 12, 1983 for killing fellow inmate Johnnie Johnson. He appealed his conviction to the Nevada Supreme Court which affirmed it on August 27, 1985. Neuschafer v. State, 101 Nev. 331, 705 P.2d 609

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