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JOUBERT v. HOPKINS

Nos. 94-3687, 94-3849.

75 F.3d 1232 (1996)

John J. JOUBERT, Appellee/Cross-Appellant, v. Frank X. HOPKINS, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 25, 1996.

Rehearing and Suggestion for Rehearing Denied April 9, 1996.

Attorney(s) appearing for the Case

J. Kirk Brown, Asst. Atty. General, Lincoln, Nebraska, argued, for Appellant.

Mark Alan Weber, Omaha, Nebraska, argued (J. Joseph McQuillan and Scott A. Calkins, on the brief), for Appellee.

Before BEAM, BRIGHT, and MURPHY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 9, 1996.*

BEAM, Circuit Judge.

John Joubert entered guilty pleas to two counts of first-degree murder. He received a death sentence on each count. After pursuing direct and collateral relief in the state courts, he filed a petition for a writ of habeas corpus in federal district court. The district court found that Mr. Joubert's death sentences were based on an unconstitutionally...

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