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PHELPS v. DUCKWORTH

No. 84-1052.

772 F.2d 1410 (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 September 13, 1985.

Attorney(s) appearing for the Case

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

David A. Arthur, Office of Atty. Gen., Indianapolis, Ind., for respondents-appellants.

Before CUMMINGS, Chief Judge, and BAUER, WOOD, CUDAHY, ESCHBACH, POSNER, COFFEY, FLAUM, EASTERBROOK and RIPPLE, Circuit Judges.

CUMMINGS, Chief Judge, with whom BAUER, WOOD, ESCHBACH, COFFEY and RIPPLE, Circuit Judges, join.

Petitioner Gerald Wayne Phelps was convicted in the Superior Court of Vandenburgh County, Indiana, of rape and kidnapping in 1974. He received concurrent sentences of two to twenty-one years and life imprisonment, and his conviction was affirmed unanimously by the Indiana Supreme Court. 266 Ind. 66, 360 N.E.2d...

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