Scott Frizzell v. Frank X. Hopkins

McMILLIAN, Circuit Judge.

Scott Frizzell appeals from a final order entered in the District Court 1 for the District of Nebraska denying his petition for writ of habeas corpus. Frizzell v. Hopkins, No. 4:CV93-3331 (D.Neb. June 16, 1995). The district court found that procedural default barred habeas review of Frizzell’s claim that he had been denied jail time credit on the basis of indigence in violation of the equal protection clause. For reversal Frizzell argues the district court erred in finding that (1) the claim was not so novel that it constituted cause to excuse procedural default and…