Legal Opinion
Timothy Layne Pierce v. Robert F. Parratt
Court of Appeals for the Eighth Circuit
Decided December 16, 1981No. 81-1565PublishedCited by 11 opinions
1Opinion of the Court
STEPHENSON, Circuit Judge.
Timothy Pierce, an inmate at the Nebraska State Penitentiary, appeals the district court’s1 denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Pierce claims that the Nebraska habitual criminal statute 2 is unconstitutional because it violates the separation of powers doctrine. Pierce also claims the statute, as applied to him, violates the due process and equal protection clauses and the Eighth Amendment. We affirm the district court.
On October 20, 1978, a jury convicted Pierce of the crime of delivery of a controlled substance. In…
2Cases cited10 opinions
- Oyler v. BolesSupreme Court of the United States · 1962
- United States v. BatchelderSupreme Court of the United States · 1979
- Jimmy C. Johnson v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
- State v. PierceNebraska Supreme Court · 1979
- State v. WilliamsSupreme Court of Louisiana · 1955
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3Cited by11 opinions
- Government of the Virgin Islands v. Harrigan, HugoCourt of Appeals for the Third Circuit · 1986
- Sandy Patrick Kerns v. Robert F. Parratt, WardenCourt of Appeals for the Eighth Circuit · 1982
- United States v. Thomas Earl DarveauxCourt of Appeals for the Eighth Circuit · 1987
- Bannister v. ArmontroutDistrict Court, W.D. Missouri · 1992
- Kerns v. GrammerNebraska Supreme Court · 1987
6 more not listed; retrieve them via the Exa API.