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ROSE v. DUCKWORTH

No. 84-1746.

769 F.2d 402 (1985)

Michael S. ROSE, Petitioner-Appellant, v. Jack DUCKWORTH, Superintendent, and Linley E. Pearson, Indiana Attorney General, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 29, 1985.

Attorney(s) appearing for the Case

Mark T. Dykstra, Butler, McCanna & Dykstra, Auburn, Ind., for petitioner-appellant.

William Patrick Glynn, III, Deputy Atty. Gen. of Indiana, Indianapolis, Ind., for respondents-appellees.

Before CUMMINGS, Chief Judge, CUDAHY and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

This appeal from the denial of a petition for habeas corpus involves a claim that prosecutorial misconduct in the petitioner's state trial rendered that trial fundamentally unfair. Petitioner Michael Rose was convicted of dealing in a controlled substance (LSD) after a jury trial in an Indiana state court, and his conviction was affirmed by the Supreme Court of Indiana, with one judge dissenting. Rose v. Indiana, 437 N...

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