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KEITHLEY v. HOPKINS

No. 94-1553.

43 F.3d 1216 (1995)

Gary KEITHLEY, Appellant, v. Frank X. HOPKINS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 4, 1995.

Rehearing Denied February 2, 1995.

Attorney(s) appearing for the Case

Steven M. Curry, Central City, NE, argued, for appellant.

Delores Coe-Barbee, Lincoln, NE, argued, for appellee.

Before McMILLIAN, Circuit Judge, LAY, Senior Circuit Judge, and BOWMAN, Circuit Judge.

BOWMAN, Circuit Judge.

In 1984, Gary Keithley was convicted, upon trial to the court, of first degree sexual assault against his fourteen-year-old daughter, and was sentenced to fifteen to twenty-five years imprisonment. His conviction and sentence were affirmed on appeal. State v. Keithley, 218 Neb. 707, 358 N.W.2d 761 (1984) (Keithley I). His pro se petition for state post-conviction...

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