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EAGAN v. DUCKWORTH

No. 86-2178.

843 F.2d 1554 (1988)

Gary James EAGAN, Petitioner-Appellant, v. Jack R. DUCKWORTH, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 22, 1988.

Rehearing and Rehearing Denied May 24, 1988.

Attorney(s) appearing for the Case

Howard B. Eisenberg, So. Illinois University School of Law, Carbondale, Ill., for petitioner-appellant.

Michael A. Schoening, Deputy Atty. Gen., of Ind., Indianapolis, Ind., for respondent-appellee.

Before BAUER, Chief Judge, COFFEY, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied May 24, 1988.

BAUER, Chief Judge.

The petitioner, Gary Eagan, appeals from the district court's order denying his petition for a writ of habeas corpus. We reverse and remand.

I.

The petitioner was tried and convicted by a Lake County, Indiana jury of attempted murder for stabbing a woman nine times after she refused to have sexual relations with him.

According to the evidence introduced at trial...

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