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HARRISON v. McBRIDE

No. 04-1398.

428 F.3d 652 (2005)

James P. HARRISON, Petitioner-Appellee, v. Daniel R. McBRIDE, Superintendent, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 27, 2005.

Attorney(s) appearing for the Case

Joseph M. Cleary, Hammerle & Allen, and Rhonda R. Long-Sharp, Foster & Long-Sharp (argued), Indianapolis, IN, for Petitioner-Appellee.

James B. Martin (argued), Office of the Attorney General, Indianapolis, IN, for Respondent-Appellant.

Before FLAUM, Chief Judge, and RIPPLE and WILLIAMS, Circuit Judges.

RIPPLE, Circuit Judge.

James Harrison was convicted of the murders of Stacy Forsee and her two children. He was sentenced to death. After exhausting his state remedies in the courts of Indiana, he petitioned for a writ of habeas corpus in the district court. See 28 U.S.C. § 2254(a). The court granted the writ. The State of Indiana appeals that decision. See 28 U.S.C. § 1291. We now affirm the judgment of the district court for the reasons set...

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