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SANDERS v. CLARKE

No. 87-2197.

867 F.2d 488 (1989)

Duane W. SANDERS, Appellee, v. Harold W. CLARKE, Warden, Nebraska State Prison, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 16, 1989.

Attorney(s) appearing for the Case

Lynne R. Fritz, Asst. Atty. Gen., Lincoln, Neb., for appellant.

Thomas V. Van Robays, Omaha, Neb., for appellee.

Before McMILLIAN, ARNOLD and FAGG, Circuit Judges.

ARNOLD, Circuit Judge.

This case is before us on remand from the Supreme Court of the United States. Sanders v. Clarke, 488 U.S. 1025, 109 S.Ct. 831, 102 L.Ed.2d 964 (1989). We are instructed to consider the case further in light of Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988).

Having studied Penson, we conclude that our previous analysis on the question of prejudice cannot stand. We...

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