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  5. 598 N.W.2d 39 (1999)
 

REHBEIN v. CLARKE

No. S-97-1289.

598 N.W.2d 39 (1999)

257 Neb. 406

Cary REHBEIN, appellant, v. Harold CLARKE, director, Nebraska Department of Correctional Services, appellee.

Supreme Court of Nebraska.

August 6, 1999.

Attorney(s) appearing for the Case

Cary Rehbein pro se.

Don Stenberg, Attorney General, and David T. Bydalek, Lincoln, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

This is an appeal from a denial of a petition for a writ of habeas corpus in which Cary Rehbein seeks relief on the grounds that his trial counsel was ineffective and that Rehbein is a hermaphrodite wrongfully confined in a male prison. The Lancaster County District Court sustained the State's demurrer and dismissed Rehbein's petition for failure to state a claim for habeas corpus.

SCOPE OF REVIEW

When habeas corpus...

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