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PALMER v. CLARKE

No. 4:00CV3020.

293 F.Supp.2d 1011 (2003)

Charles Jess PALMER, Petitioner, v. Harold W. CLARKE, Director, State of Nebraska Department of Correctional Services, Respondent.

United States District Court, D. Nebraska.

October 9, 2003.

Attorney(s) appearing for the Case

Steven E. Achelpohl, Omaha, NE, Michael A. Nelsen, Hillman, Forman Law Firm, Omaha, NE, for Charles Jess Palmer.

J. Kirk Brown, Kimberly A. Klein, Attorney General's Office-Nebraska, Lincoln, NE, for Harold W. Clarke.

Jon C. Bruning, Donald B. Stenberg, Attorney General's Office-Nebraska, Lincoln, NE, for Atty. Gen.

MEMORANDUM and ORDER

BATAILLON, District Judge.

This matter is before the court on Charles Jess Palmer's third amended petition for a writ of habeas corpus. Filing No. 44. Charles Jess Palmer has been on death row since 1979. He has been convicted of capital felony murder and sentenced to death three times under Nebraska's Death Penalty Statute, Neb.Rev.Stat. § 29-2523.1 The court has carefully reviewed

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