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OTEY v. HOPKINS

No. 92-2733.

972 F.2d 210 (1992)

Harold Lamont OTEY, Appellee, v. Frank X. HOPKINS, Warden of the Nebraska Penal and Correctional Complex, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 4, 1992.

Attorney(s) appearing for the Case

James R. Mowbray and Dorothy A. Walker, Lincoln, Neb., argued, for appellant.

J. Kirk Brown and Donald Andrew Kohtz, Lincoln, Neb., argued, for appellee.

Before JOHN R. GIBSON, BOWMAN and MAGILL, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Harold Otey is scheduled for execution August 6, 1992, and the district court1 has stayed execution to permit consideration of a petition for writ of habeas corpus raising new issues. Order of July 30, 1992. A motion to vacate the stay of execution is before us, and we deny the motion.

Otey's petition for writ of habeas corpus is directed to the commutation hearing before the Nebraska Board of Pardons...

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