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RYAN v. CLARKE

No. 03-3642.

387 F.3d 785 (2004)

Michael W. RYAN, Petitioner—Appellant, v. Harold W. CLARKE, Director, State of Nebraska Department of Correctional Services Respondent—Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 29, 2004.

Rehearing and Rehearing Denied December 13, 2004.

Attorney(s) appearing for the Case

Steven E. Achelpohl and Michael A. Nelsen, argued, Omaha, NE, for appellant.

J. Kirk Brown, argued, Asst. Atty. Gen., Lincoln, NE (Kimberly A. Klein, Asst. Atty. Gen., on the brief), for appellee.

Before BYE, BOWMAN, and MELLOY, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 13, 2004.

MELLOY, Circuit Judge.

Petitioner-Appellant Michael W. Ryan, a state prisoner under a sentence of death, appeals the district court's1 denial of habeas relief. On appeal, Ryan argues that ex parte meetings with members of the victims' families by the state judge who presided over his capital murder trial deprived him of a fair sentencing hearing. Ryan also alleges that he...

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