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MUENCH v. ISRAEL

Nos. 81-2094, 81-2789.

715 F.2d 1124 (1983)

Robert MUENCH, Petitioner-Appellant, v. Thomas ISRAEL and Attorney General of Wisconsin, Respondents-Appellees. Richard WORTHING, Petitioner-Appellant, v. Thomas R. ISRAEL, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 1983.

Rehearing and Rehearing Denied December 6, 1983.

Attorney(s) appearing for the Case

Charles Bennett Vetzner, State Public Defender, Madison, Wis., for petitioner-appellant.

Michael R. Klos, Wis. Dept. of Justice, Madison, Wis., for respondents-appellees.

Before CUDAHY and ESCHBACH, Circuit Judges, and TEMPLAR, Senior District Judge.

Rehearing and Rehearing En Banc Denied December 6, 1983.

ESCHBACH, Circuit Judge.

The appellants in these consolidated appeals are each serving life prison terms in Wisconsin for first-degree murder. Each filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 claiming that his murder trial was fundamentally unfair because he was not permitted to introduce expert testimony regarding his capacity to form the intent to kill. The courts...

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