United States Eighth Circuit

Denial of habeas relief from a conviction for attempted assault and use of a deadly weapon to commit a felony is affirmed as: 1) under Nebraska law, a new direct appeal does not constitute direct review for purposes of the Antiterrorism and Effective Death Penalty Act's (AEDPA) statute of limitations; and 2) thus, the district court did not err in determining that petitioner's habeas petition was time barred.

Appellate Information

• Decided 09/06/2007
• Published 09/06/2007

Judges

• SMITH, Circuit Judge., Before MELLOY, SMITH, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James Stecker, argued, Columbus, NE; Michael N. Loebl, Augusta, GA, for appellant.


• For Appellees:
  
• J. Kirk Brown (Solicitor General), Lincoln, NE, for appellee.