MORLEY v. STENBERG

Nos. 93-3247, 94-1146.

25 F.3d 687 (1994)

William A. MORLEY, Appellant, v. Donald B. STENBERG, Attorney General of the State of Nebraska, Appellee. Ronald L. MORLEY, Appellant, v. Donald B. STENBERG, Attorney General of the State of Nebraska, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 1994.


Attorney(s) appearing for the Case

Donald A. Kohtz, Lincoln, NE, (J. Kirk Brown, Asst. Atty. Gen., on the brief), for appellant.

Dalton W. Tietjen, Lincoln, NE, for appellee.

Before McMILLIAN, WOLLMAN, Circuit Judges, and NANGLE, Senior District Judge.


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, 498 U.S. 39...

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