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NEWMAN v. HOPKINS

No. 98-2445.

192 F.3d 1132 (1999)

John Byron NEWMAN, Appellant, v. Frank X. HOPKINS, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 29, 1999.

Rehearing and Rehearing Denied November 22, 1999.

Attorney(s) appearing for the Case

John C. Vanderslice, Lincoln, NE, argued (Jennifer L. Gilg, Omaha, NE, on the brief), for appellant.

Kimberly A. Klein, Lincoln, NE, argued (Don Stenberg, Attorney General, on the brief), for appellee.

Before RICHARD S. ARNOLD and WOLLMAN, Circuit Judges, and WOLLE, District Judge.

Rehearing and Rehearing En Banc Denied Novmeber 22, 1999.

WOLLMAN, Chief Judge.

John Byron Newman appeals from the district court's denial of his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. We reverse.

I.

During the early morning hours of March 22, 1993, police officers in Lincoln, Nebraska, responded to an emergency call from the victim of a sexual assault. The...

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