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HATCHER v. HOPKINS

No. 00-2868

256 F.3d 761 (2001)

Joush HATCHER, Jr., Appellant, v. Frank X. HOPKINS, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 6, 2001

Attorney(s) appearing for the Case

John C. Vanderslice, argued, Lincoln, NE, for appellant.

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

Before BOWMAN, FAGG, and LOKEN, Circuit Judges.

BOWMAN, Circuit Judge.

The District Court1 denied Joush Hatcher, Jr.'s 28 U.S.C. § 2254 habeas corpus petition on the ground that the claims were procedurally defaulted as a matter of state law and that Hatcher did not show cause and prejudice to excuse the default, or provide new evidence that he was actually innocent. We affirm.

In 1978, Hatcher pleaded guilty to first-degree murder and was sentenced to life imprisonment...

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