OPINION
PETTINE, District Judge.
This is a petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. The petitioner is presently incarcerated under the control of the defendant warden pursuant to a judgment of the Rhode Island state courts. The court accepts as true the petitioner's factual allegations. There is no question that the petitioner has exhausted available state remedies.
The case has a long history which is as follows.
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