1. Home
  2. Browse Decisions
  3. F.3d
  4. 403 F.3d
  5. 403 F.3d 615 (2005)
 

LUPIEN v. CLARKE

No. 04-1618.

403 F.3d 615 (2005)

Lawrence E. LUPIEN, Appellee, v. Harold W. CLARKE, Director of the Nebraska Department of Correctional Services, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 31, 2005.

Attorney(s) appearing for the Case

J. Kirk Brown, argued, Lincoln, NE, for appellant.

Deborah A. Sanwich, argued, Omaha, NE, for appellee.

Before WOLLMAN, LAY, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Harold W. Clarke, Director of the Nebraska Department of Correctional Services ("DCS"), appeals an order of the district court granting habeas corpus relief to Lawrence Lupien. The DCS argues that the district court erroneously based its grant of habeas relief on an interpretation of Nebraska law that is in direct conflict with the Nebraska Court of Appeals' determination of the same issue. We agree, and therefore reverse.

I.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases