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NARCISSE v. DAHM

No. 92-3713.

9 F.3d 38 (1993)

Jesse E. NARCISSE, Appellee, v. John J. DAHM, Warden, Lincoln Correctional Center, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 27, 1993.

Rehearing Denied December 3, 1993.

Attorney(s) appearing for the Case

J. Kirk Brown, Lincoln, NE, argued, for appellant.

Brian S. Munnelly, Omaha, NE, argued, for appellee.

Before McMILLIAN, WOLLMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges.

McMILLIAN, Circuit Judge.

The State of Nebraska appeals from a final judgment entered in the United States District Court for the District of Nebraska granting Jesse E. Narcisse (petitioner) habeas corpus relief pursuant to 28 U.S.C. § 2254. Narcisse v. Dahm, No. 4:CV91-3022 (D.Neb. Oct. 20, 1992) (Judgment). For reversal, the state argues the district court erred in holding (1) the "fundamental miscarriage of justice" exception to the habeas procedural...

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