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PHELPS v. DUCKWORTH

No. 84-1052.

757 F.2d 811 (1985)

Gerald Wayne PHELPS, Petitioner-Appellee, v. Jack R. DUCKWORTH, Warden, Indiana State Prison, and Linley E. Pearson, Attorney General of Indiana, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 27, 1985.

Rehearing and Rehearing Granted May 20, 1985.

Attorney(s) appearing for the Case

David L. Steiner, Deputy Atty. Gen., Indianapolis, Ind., for respondents-appellants.

John D. Clouse, Evansville, Ind., for petitioner-appellee.

Before CUMMINGS and CUDAHY, Circuit Judges, and GORDON, Senior District Judge.

Rehearing and Rehearing En Banc Granted May 20, 1985.*

MYRON L. GORDON, Senior District Judge.

The petitioner, Gerald Wayne Phelps, was convicted of kidnapping and rape in October 1974 for which he received concurrent sentences of life imprisonment and two to twenty-one years. The conviction was affirmed by the Indiana Supreme Court. Phelps v. State, 266 Ind. 66, 360 N.E.2d 191, cert...

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