Rust v. Gunter

John E. Rust was convicted of first degree murder and three counts of shooting with intent to wound, maim, or kill. Rust was sentenced to death on the murder conviction and imprisonment for three concurrent terms of 16 2h years to 50 years on the shooting convictions. Rust’s convictions and sentences were affirmed on appeal to this court. State v. Rust, 197 Neb. 528, 250 N.W.2d 867 (1977).

On April 20,1987, in the district court for Lancaster County, Rust filed a petition for a writ of habeas corpus. In his petition, Rust did not claim that his sentences to death and imprisonment were invalid;…