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DAVIS v. STATE OF NEB.

No. 91-1129.

958 F.2d 831 (1992)

Ollie J. DAVIS, Appellant, v. STATE OF NEBRASKA; Frank Gunther, Warden for the State of Nebraska; Karen Shortridge, Warden for the Omaha Correctional Center, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1992.

Attorney(s) appearing for the Case

Bernard McNary, Omaha, Neb., argued, for appellant.

Alfonza Whitaker, Lincoln, Neb., argued, for appellees.

Before FAGG, Circuit Judge, TIMBERS, Senior Circuit Judge, and MAGILL, Circuit Judge.

MAGILL, Circuit Judge.

Ollie J. Davis appeals the order of the district court denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254(a). Because we find that Davis could not have foreseen the state court's interpretation of its habitual criminal statute, we conclude that the court's retroactive application of its interpretation to Davis was a violation of the due process clause of the Fourteenth...

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