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RICHTER v. FAIRBANKS

No. 89-2199.

903 F.2d 1202 (1990)

Herbert L. RICHTER, Appellant, v. Charles L. FAIRBANKS, Scotts Bluff County Sheriff, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 23, 1990.

Attorney(s) appearing for the Case

Randall L. Lippstreu, Scottsbluff, Neb., for appellant.

Dave Eubanks, Gering, Neb., for appellee.

Before LAY, Chief Judge, and BEAM, Circuit Judge, and HANSON, Senior District Judge.

LAY, Chief Judge.

Herbert L. Richter brought a petition for a writ of habeas corpus challenging the denial of his request for a jury trial arising from his conviction for driving while under the influence of alcohol (DWI), third offense, in violation of Scottsbluff, Nebraska, ordinances. The district court1 denied him relief. We find he was entitled to a jury trial, and conditionally grant him a writ of habeas corpus.

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