Thomas E. Nesbitt v. Frank X. Hopkins

___________ No. 95-2061 ___________ Thomas Edward Nesbitt, * * Plaintiff - Appellant, * * Appeal from the United States v. * District Court for the * District of Nebraska. Frank X. Hopkins, Warden, * Nebraska State Penitentiary, * * Defendant - Appellee. * ___________ Submitted: December 14, 1995 Filed: June 7, 1996 ___________ Before BOWMAN and LOKEN, Circuit Judges, and WOLLE,* Chief District Judge. ___________ 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…