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NEBINGER v. AULT

No. 99-2495.

208 F.3d 695 (2000)

Rick Dwayne NEBINGER, Sr., Appellant, v. John AULT, Warden, and Thomas Miller, Attorney General for the State of Iowa, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 31, 2000.

Attorney(s) appearing for the Case

Thomas G. Fisher, Jr., Des Moines, IA, argued, for Appellant.

Thomas J. Miller, Assistant Attorney General, Des Moines, IA, argued, for Appellees.

Before: RICHARD S. ARNOLD, BRIGHT, and HANSEN, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

This is a petition for habeas corpus brought by Rick Dwayne Nebinger, Sr., a prisoner in the custody of the State of Iowa. Mr. Nebinger is serving a life sentence for first-degree murder and a twenty-five-year sentence for first-degree robbery, the sentences to run concurrently. He argues that he is in custody in violation of the federal Constitution on two grounds: (1) that the State unfairly surprised him with footprint evidence...

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