John J. Joubert, Appellee/cross-Appellant v. Frank X. Hopkins, Appellant/cross-Appellee

BEAM, Circuit Judge.

John Joubert entered guilty pleas to two counts of first-degree murder. He received a death sentence on each count. After pursuing direct and collateral relief in the state courts, he filed a petition for a writ of habeas corpus in federal district court. The district court found that Mr. Joubert’s death sentences were based on an unconstitutionally vagué statutory aggravating factor and granted the writ. The State of Nebraska appeals. Joubert cross-appeals the district court’s denial of other claims presented in his habeas petition. We affirm in part and reverse in part.

I.…