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MOORE v. CLARKE

Nos. 88-2584, 88-2679.

904 F.2d 1226 (1990)

Carey Dean MOORE, Appellee, v. Harold W. CLARKE, Appellant. Carey Dean MOORE, Appellant, v. Harold W. CLARKE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 25, 1990.

Attorney(s) appearing for the Case

William L. Howland, Lincoln, Neb., for appellant.

Alan E. Peterson, Lincoln, Neb., for appellee.

Before JOHN R. GIBSON and WOLLMAN, Circuit Judges, and FLOYD R. GIBSON, Senior Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

The Warden of the Nebraska State Penitentiary appeals from the district court's1 order granting a writ of habeas corpus to Carey Dean Moore. Moore was convicted on two counts of first-degree murder and sentenced to death on each count after the sentencing panel applied the Nebraska statute dealing with aggravating and mitigating circumstances, Neb.Rev.Stat. § 29-2523 (Reissue 1985). Nebraska statute...

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