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RUST v. HOPKINS

Nos. 91-2453, 92-2680 and 92-3195.

984 F.2d 1486 (1993)

John E. RUST, Plaintiff-Appellant, v. Frances X. HOPKINS, Warden Nebraska State Penitentiary, Defendant-Appellee. John E. RUST, Plaintiff-Appellee, v. Frances X. HOPKINS, Warden, Nebraska State Penitentiary, Defendant-Appellant. John E. RUST, Plaintiff-Appellant, v. Frances X. HOPKINS, Warden, Nebraska State Penitentiary, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 20, 1993.

Attorney(s) appearing for the Case

J. Kirk Brown, Asst. Atty. Gen., Lincoln, NE, for Hopkins.

Emil M. Fabian, Omaha, NE, argued (Barbara Thielen, on the brief), for Rust.

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

JOHN R. GIBSON, Circuit Judge.

Frances X. Hopkins, Warden of the Nebraska State Penitentiary, appeals from a district court1 order granting a writ of habeas corpus and ordering resentencing of John E. Rust, who had been convicted of murder and sentenced to death. The district court granted the writ on two bases: First, the Nebraska Supreme Court denied Rust due process of law by finding on appeal that the aggravating factors were proven...

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