063893P.pdf   09/03/2009  Keva Tyree O'Neal  v.  Michael Kenny
   U.S. Court of Appeals Case No:  06-3893
   District of Nebraska - Lincoln   
   [PUBLISHED] [Smith, Author, with Melloy and Gruender, Circuit Judges]
   Prisoner case - habeas. For the court's prior opinion in the case, see
   United States v. O'Neal, 501 F.3d 969 (8th Cir. 2007). On remand from
   the Supreme Court for reconsideration in light of Jimenez v. Quarterman,
   129 S.Ct. 681 (2009). This case is factually distinguishable from Jimenez
   as Jimenez is limited to situations in which a state court grants a criminal
   defendant the right to file an out-of-time direct appeal during state
   collateral review but before the defendant has first sought federal habeas
   relief; here, O'Neal had first sought habeas relief before the state trial
   court granted him a new direct appeal, and Jimenez does not apply.
  
063893P.pdf   09/06/2007  Keva Tyree O'Neal  v.  Michael Kenny
   U.S. Court of Appeals Case No:  06-3893
   District of Nebraska - Lincoln   
   [PUBLISHED] [Smith, Author, with Melloy and Gruender, Circuit
   Judges]
   Prisoner case - habeas. Under Nebraska law, the AEDPA statute of
   limitations calculation is not affected when a new direct appeal is granted
   on post-conviction review; as a result, the district court did not err in
   determining that petitioner's habeas petition was time barred.