CORNELL v. NIX

No. 90-1195.

953 F.2d 1103 (1992)

Robert Allan CORNELL, Appellant, v. Crispus NIX, Warden, ISP, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 15, 1992.


Attorney(s) appearing for the Case

James P. Cleary, Phoenix, Ariz., argued, for appellant.

Bonnie J. Campbell, Des Moines, Iowa argued (Thomas J. Miller and Thomas D. McGrane on the brief), for appellee.

Before JOHN R. GIBSON, Circuit Judge, ROSS, Senior Circuit Judge, and LARSON, Senior District Judge.


ROSS, Senior Circuit Judge.

This is a habeas corpus proceeding under 28 U.S.C. § 2254, by a state prisoner, Robert Allan Cornell, who is serving a term of life imprisonment imposed after a jury found him guilty of first degree murder in the death of Kenneth Crow. On December 17, 1990, this court remanded the case to the district court for an evidentiary hearing to consider whether a key prosecution witness's recantation of his trial testimony was newly discovered...

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