Legal Opinion
Otey v. Stenberg
Court of Appeals for the Eighth Circuit
Decided August 31, 1994No. 94-3095PublishedCited by 14 opinions
1Opinion of the Court
MAGILL, Circuit Judge.
A. DUE PROCESS CLAIM
Appellant Otey’s core claim in this section 1983 action1 is that his right to both substantive and procedural due process was violated by the procedure utilized by the Nebraska Board of Pardons (Pardons) at his clemency hearing. He pleaded for mercy that his sentence of death in 1978 for a murder in 1977 be commuted to life. He had voluntarily confessed to first-degree murder in the perpetration of a sexual assault in the first degree. All judicial processes have been exhausted during these intervening sixteen years. See Otey, 5 F.3d at 1126-27.
Otey…
2Cases cited16 opinions
- Herrera v. CollinsSupreme Court of the United States · 1993
- Connecticut Board of Pardons v. DumschatSupreme Court of the United States · 1981
- John A. Spinkellink, 1 v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Fifth Circuit · 1978
- Ex Parte GrossmanSupreme Court of the United States · 1925
- Weimer v. AmenCourt of Appeals for the Eighth Circuit · 1989
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mose Young v. Dee Joyce Hayes, Circuit Attorney for the City of St. Louis, and Alfred D. Luebbers, Superintendent, Potosi Correctional CenterCourt of Appeals for the Eighth Circuit · 2000
- Perry v. NorrisDistrict Court, E.D. Arkansas · 1995
- Wainwright v. BrownleeCourt of Appeals for the Eighth Circuit · 1997
- Graham v. AngeloneDistrict Court, E.D. Virginia · 1999
- John J. Joubert v. Neb. Bd. of PardonsCourt of Appeals for the Eighth Circuit · 1996
9 more not listed; retrieve them via the Exa API.