Thomas Edward Nesbitt v. Frank X. Hopkins, Warden, Nebraska State Penitentiary

LOKEN, Circuit Judge.

Thomas Edward Nesbitt was tried in a Nebraska court for the first degree murder of Mary Kay Harmer. After the trial court dismissed a charge of felony murder because of insufficient evidence, the jury convicted Nesbitt of premeditated murder, and he was sentenced to life in prison. Nesbitt now appeals the district court’s 1 denial of his federal habeas corpus petition. Nesbitt v. Hopkins, 907 F.Supp. 1317 (D.Neb.1995). He argues that the Nebraska Supreme Court in affirming his conviction violated the Double Jeopardy Clause by construing the trial evidence as establishing…