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RUST v. CLARKE

No. 91-2453.

960 F.2d 72 (1992)

John E. RUST, Appellee, v. Harold W. CLARKE, Warden, Nebraska State Penitentiary, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 26, 1992.

Attorney(s) appearing for the Case

J. Kirk Brown, Asst. Atty. Gen., Lincoln, Neb., argued, for appellant.

Emil M. Fabian, Omaha, Neb., argued (Barbara Thielen, on brief), for appellee.

Before JOHN R. GIBSON, Circuit Judge, LAY, Senior Circuit Judge, and LOKEN, Circuit Judge.

PER CURIAM.

This is a capital case. John Rust was sentenced to death by a panel of Nebraska state judges on October 30, 1975. The conviction was affirmed by the Nebraska Supreme Court on February 2, 1977. Because the defendant filed and appealed two motions for post-conviction relief, this matter remained in the state court until 1986. On June 9, 1987, Rust filed a habeas petition in the federal district court. He filed an amended petition on July 6, 1988. The case...

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