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OTEY v. STATE

No. S-91-762.

485 N.W.2d 153 (1992)

240 Neb. 813

Harold Lamont OTEY, Appellee and Cross-Appellant, v. STATE of Nebraska et al., Appellants and Cross-Appellees.

Supreme Court of Nebraska.

May 29, 1992.

Attorney(s) appearing for the Case

Don Stenberg, Atty. Gen., J. Kirk Brown, and Sharon M. Lindgren, Sp. Asst. Attys. Gen., for appellants and cross-appellees.

James R. Mowbray and Dorothy Walker, of Mowbray & Walker, P.C., and Shawn D. Renner, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellee and cross-appellant.

BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and FAHRNBRUCH, JJ., and HAMILTON and ICENOGLE, District Judges.

PER CURIAM.

For reasons hereinafter set forth, a district court order enjoining the enforcement of Harold Lamont Otey's death sentence and requiring a new commutation hearing before the Nebraska Board of Pardons is reversed, and the cause is remanded to the district court with directions to dismiss Otey's petition.

Otey's petition to stay his execution was filed in the district court for Lancaster County after the Nebraska Board of Pardons refused to commute...

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