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FLEENER v. DUCKWORTH

No. S81-0286.

559 F.Supp. 1322 (1983)

Timothy E. FLEENER, Petitioner, v. Jack DUCKWORTH, Warden and Indiana Attorney General, Respondents.

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

March 28, 1983.

Attorney(s) appearing for the Case

Timothy E. Fleener, pro se.

Linley E. Pearson, Atty. Gen. of Ind., Indianapolis, Ind., for respondents.

MEMORANDUM and ORDER

SHARP, Chief Judge.

This cause comes before the Court on a petition for writ of habeas corpus under 28 U.S.C. § 2254. Fleener was charged by indictment in two counts for murder and felony murder, Ind.Code § 35-13-4-1(a) (Burns 1975), for the 1977 stabbing of Harold Lewis in Evansville, Indiana. The murder count was dismissed prior to trial. After trial by jury, petitioner was convicted...

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