Rust v. Hopkins

JOHN R. GIBSON, Circuit Judge.

Frances X. Hopkins, Warden of the Nebraska State Penitentiary, appeals from a district court1 order granting a writ of habeas corpus and ordering resentencing of John E. Rust, who had been convicted of murder and sentenced to death. The district court granted the writ on two bases: First, the Nebraska Supreme Court denied Rust due process of law by finding on appeal that the aggravating factors were proven beyond a reasonable doubt, even though the sentencing panel had applied a lower standard of proof; second, Rust’s trial counsel rendered ineffective assistance…