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FRANKLIN v. DUCKWORTH

No. S 81-68.

530 F.Supp. 1315 (1982)

James FRANKLIN, Petitioner, v. Jack DUCKWORTH, Warden, Linley E. Pearson, Attorney General of Indiana, Respondents.

United States District Court, N. D. Indiana, South Bend Division.

January 29, 1982.

Attorney(s) appearing for the Case

David Capp, Merrillville, Ind., for petitioner.

Linley E. Pearson, Atty. Gen., Ronald D. Buckley, Deputy Atty. Gen., Indianapolis, Ind., for respondents.

MEMORANDUM AND ORDER

SHARP, Chief Judge.

This cause is before the Court on a petition for writ of habeas corpus filed by James Franklin pursuant to 28 U.S.C. § 2254. Petitioner is presently incarcerated at the Indiana State Prison, Michigan City, Indiana.

Petitioner and Stephen Moten were indicted by the Lake County Grand Jury for murder and felony murder which had occurred on December 20, 1976 in Gary, Indiana. In separate trials, Moten was...

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