Marchand v. Tyson

MEMORANDUM AND ORDER

SHARP, Chief Judge.

This case is presently before the Court on a petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254. After a hearing and oral argument held on March 31, 1983, this matter was taken under advisement. In accord with Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963), the complete state court record has been filed with and carefully reviewed by this Court.

The underlying facts in this case are not in dispute. Raymond and Christina Marc-hand were married in 1970 and settled in Nebraska. Seven years later, they were granted a…