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JOHNSON v. DUCKWORTH

No. 80-1873.

650 F.2d 122 (1981)

Robert A. JOHNSON, Petitioner-Appellant, v. Jack R. DUCKWORTH, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 28, 1981.

Attorney(s) appearing for the Case

Charles Crutchfield, Notre Dame, Ind., for petitioner-appellant.

Bruce L. Kamplain, Deputy Atty. Gen., Indianapolis, Ind., for respondent-appellee.

Before SWYGERT, BAUER and CUDAHY, Circuit Judges.

PER CURIAM.

Appellant Robert A. Johnson was tried in Indiana state court for first degree murder. The jury convicted him of second degree murder. His conviction was affirmed by the Indiana Supreme Court, Johnson v. State, 267 Ind. 256, 369 N.E.2d 623 (1977), cert. denied sub nom. Johnson v. Indiana, 436 U.S. 948, 98 S.Ct. 2855, 56 L.Ed.2d 791 (1978).

Johnson brought this petition for writ of habeas corpus,...

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