NANGLE, Senior District Judge.
Ronald L. Morley and William A. Morley were convicted for attempted burglary in the district court of Lancaster County, Nebraska. On direct appeal to the Supreme Court of Nebraska, the Morleys contested the reasonable doubt jury charge employed by the state, NJI 14.08, arguing the charge improperly stated the state's burden of proof under the United States Supreme Court holding in Cage v. Louisiana,
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