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RICHTER v. BARTEE

No. 4:95CV3309.

973 F.Supp. 1118 (1997)

Brent Anthony RICHTER, Petitioner, v. Ron BARTEE, et al., Respondents.

United States District Court, D. Nebraska.

September 2, 1997.

Attorney(s) appearing for the Case

J. Kirk Brown, Donald B. Sternberg, Atty. Generals Office, Lincoln, NE, for Respondents.

Lyle J. Koenig, Paula B. Hutchinson, Elizabeth A. Govaerts, Lincoln, NE, for Petitioner.

MEMORANDUM AND ORDER

KOPF, District Judge.

This matter is before the court on the Magistrate Judge's order (filing 52) finding that Petitioner has offered new reliable evidence, not presented at trial, demonstrating that he is actually innocent of the crime for which he has been convicted and Respondents' appeal from that order (filing 55), filed as allowed by 28 U.S.C. § 636(b)(1)(A) and NELR 72.3.

The court has conducted, pursuant to 28 U...

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