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ELBERT v. CUNNINGHAM

Civ. No. 85-245-D.

616 F.Supp. 433 (1985)

Clarence ELBERT v. Michael J. CUNNINGHAM, Warden, New Hampshire State Prison.

United States District Court, D. New Hampshire.

August 9, 1985.

Attorney(s) appearing for the Case

James E. Duggan, Concord, N.H., for plaintiff.

Tina Schneider, Office of Atty. Gen., Concord, N.H., for defendant.

OPINION

DEVINE, Chief Judge.

Petitioner brings this application for writ of habeas corpus pursuant to 28 U.S.C. § 2254, claiming that his conviction on one count of attempted second-degree murder is constitutionally infirm. Petitioner is currently serving a sentence of 15 to 30 years for attempted murder, as well as a consecutive sentence of 10 years on the related conviction for felonious use of a firearm, not a subject of this petition.

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