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WHITMORE v. AVERY

No. 93-1152.

63 F.3d 688 (1995)

Randall S. WHITMORE, Plaintiff-Appellee, v. David AVERY, Superintendent, Community Corrections Center, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 7, 1995.

Rehearing and Suggestion for Rehearing Denied October 26, 1995.

Attorney(s) appearing for the Case

Donald A. Kohtz, Asst. Atty. Gen., for appellant.

Van A. Schroeder, Bellevue, NE, for appellee.

Before BOWMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and LOKEN, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied October 26, 1995.*

LOKEN, Circuit Judge.

The district court granted Nebraska inmate Randall Whitmore a writ of habeas corpus on the ground that his trial counsel provided ineffective assistance due to a conflict of interest. Whitmore v. Avery, 1992 WL 357771 (D.Neb.1992). The State appealed, and we reversed, over Judge Heaney's dissent, on the ground that Whitmore's claims...

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