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JOUBERT v. HOPKINS

Nos. 94-3687, 94-3849 and 96-2688.

90 F.3d 259 (1996)

John J. JOUBERT, Appellee/Cross-Appellant, v. Frank X. HOPKINS, Warden, Appellant/Cross-Appellee. John J. JOUBERT, Appellant, v. The NEBRASKA BOARD OF PARDONS, and Donald B. Stenberg, Attorney General of the State of Nebraska, individually and in his official capacity; E. Benjamin Nelson, Governor of the State of Nebraska, individually and in his official capacity; Scott Moore, Secretary of State of the State of Nebraska, individually and in his official capacity; Frank X. Hopkins, Warden of the Nebraska State Penitentiary, individually and in his official capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1996.

Attorney(s) appearing for the Case

Scott A. Calkins and Lyle J. Koenig, Lincoln, for appellant.

J. Kirk Brown, Asst. Atty. Gen., Lincoln, for appellee.

Before BEAM, BRIGHT and LOKEN, Circuit Judges.

PER CURIAM.

Mr. John Joubert, through counsel, has now filed a motion to recall the mandates in cases numbered 94-3687/94-3849 and 96-2688. He also asks the court to stay his execution presently scheduled for July 17, 1996.

Mr. Joubert asserts that claims similar to those serving as the basis for his present requests are currently pending on petition for writ of certiorari before the Supreme Court. We are now informed...

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