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PALMER v. CLARKE

Nos. 03-3841, 03-3842.

408 F.3d 423 (2005)

Charles Jess PALMER, Appellant, v. Harold W. CLARKE, Director, State of Nebraska Department of Correctional Services, Appellee. National Association of Criminal Defense Lawyers, Amicus on Behalf of Appellant. Charles Jess Palmer, Appellee, v. Harold W. Clarke, Director, State of Nebraska Department of Correctional Services, Appellant. National Association of Criminal Defense Lawyers, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 13, 2005.

Rehearing and Rehearing Denied June 30, 2005.

Attorney(s) appearing for the Case

Steven E. Achelpohl, argued, Omaha, NE (Michael A. Nelson, Omaha, on the brief), for appellant.

J. Kirk Brown, AAG, argued, Lincoln, NE, for appellee.

Before WOLLMAN, LAY, and COLLOTON, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 30, 2005.

WOLLMAN, Circuit Judge.

Charles Jess Palmer and the State of Nebraska each appeal from the district court's partial grant of Palmer's petition for writ of habeas corpus. We affirm in part and reverse in part.

I. BACKGROUND

Palmer has been tried, convicted, and sentenced to death three times for the 1979 felony murder of Eugene Zimmerman in Grand Island, Nebraska. The Nebraska Supreme Court...

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