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WHITE v. SMITH

No. 11-3291.

696 F.3d 740 (2012)

Carroll T. WHITE, as Personal Representative of the Estate of Joseph White, deceased, Plaintiff-Appellee Kathleen A. Gonzalez, Plaintiff v. Richard T. SMITH, in his official capacity, Defendant Burdette Searcey, Dep., in his official and individual capacities; Gerald Lamkin, Dep., in his official and individual capacities; Jerry O. Dewitt, Sheriff, in his official and individual capacities; Wayne R. Price, PhD, in his official and individual capacities, Defendants-Appellants County of Gage, Nebraska, a Nebraska political subdivision, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: October 15, 2012.

Attorney(s) appearing for the Case

Jennifer M. Tomka , argued and on the brief, Richard L. Boucher , Paul L. Douglas , Patrick T. O'Brien , on the brief, Lincoln, NE, for appellant.

Jeffry D. Patterson , argued and on the brief, Lincoln, NE, Robert F. Bartle , Lincoln, NE, Douglas J. Stratton , Norfolk, NE, on the brief, for appellee.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

In 1989, Plaintiff Joseph White was convicted by a Nebraska jury of felony murder in the February 1985 rape and murder of Helen Wilson in Beatrice, Nebraska. The prosecution's case against White was based primarily on the testimony and confessions of White's co-defendants, Ada JoAnn Taylor, Thomas W. Winslow, James L. Dean, Kathleen A. Gonzalez, and Debra Shelden. White was sentenced to life in prison without parole and served eighteen years...

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