Ellis v. Grammer

MEMORANDUM

LAY, Circuit Judge, Sitting by Special Designation.

This habeas corpus petition brought by a state prisoner under 28 U.S.C. § 2254 arises from alleged errors relating to his conviction in a Nebraska state court. Roy L. Ellis was originally convicted on charges of armed robbery, use of a firearm to commit a felony, and being an habitual criminal. On appeal, the habitual criminal charge was reversed. State v. Ellis, 214 Neb. 172, 333 N.W.2d 391 (1983). The petitioner next sought post-conviction relief pursuant to Neb.Rev.Stat. §§ 29-3001 to -3004 (Reissue 1979). Relief was denied by…