KEYS v. DUCKWORTH

No. 83-2073.

761 F.2d 390 (1985)

Steven Leo KEYS, Petitioner-Appellant, v. Jack DUCKWORTH, Superintendent, Indiana State Prison, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 1, 1985.


Attorney(s) appearing for the Case

Preston T. Breunig, Buck, Berry, Landau, Breunig & Quinn, Indianapolis, Ind., for petitioner-appellant.

David L. Steiner, Deputy Atty. Gen., Indianapolis, Ind., for respondent-appellee.

Before CUMMINGS, Chief Judge, and BAUER and POSNER, Circuit Judges.


PER CURIAM.

Petitioner, Stephen Leo Keys, was convicted, after a jury trial in Indiana state court, of criminal deviate conduct, Ind.Code Ann. § 35-42-4-2 (West 1978), and attempted rape while armed, Ind.Code Ann. § 35-42-4-1 (West 1978). However, the trial judge merged the latter felony into the former and pronounced a sentence of 30 years imprisonment based on only the first count. The conviction was affirmed by the Indiana Supreme Court. Keys v. State...

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