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STATE v. MONSERRATE

No. 482S129.

442 N.E.2d 1095 (1982)

STATE of Indiana, Appellant, v. Luciano MONSERRATE, Appellee.

Supreme Court of Indiana.

December 27, 1982.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Indianapolis, Jack F. Crawford, Pros. Atty., Lake County, Robert G. Berger, Charles E. Stewart, Jr., Deputy Pros. Attys., Lake County, Crown Point, for appellant.

Terry C. Gray, Gary, for appellee.

GIVAN, Chief Justice.

The State of Indiana appeals an order granting appellee's petition for post-conviction relief and new trial. Appellee Monserrate was convicted of first degree murder. He subsequently appealed his conviction which was reversed in Monserrate v. State, (1971) 256 Ind. 623, 271 N.E.2d 420. On retrial, he was again convicted of first degree murder. His appeal of his second...

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