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SWINDLER v. LOCKHART

No. PB-C-81-415.

739 F.Supp. 1323 (1990)

John Edward SWINDLER, Petitioner, v. A.L. LOCKHART, Director, Arkansas Department of Corrections, Respondent.

United States District Court, E.D. Arkansas, Pine Bluff Division.

June 13, 1990.

Attorney(s) appearing for the Case

Thurman Ragar, Jr., Van Buren, Ark. and Gerald A. Coleman, West Memphis, Ark., for petitioner.

Jack Gillean, Asst. Atty. Gen., State of Ark., Little Rock, Ark., for respondent.

MEMORANDUM OPINION

HENRY WOODS, District Judge.

Petitioner Swindler shot and killed Officer Randy Basnett of the Fort Smith, Arkansas police department on September 2, 1976. At the time, Swindler, a federal parolee, was wanted for the murder of a teenaged couple in South Carolina, a crime for which he was subsequently convicted. Swindler's guilt is not open to question. Two eyewitnesses saw him gun down the officer, who did not pull his gun until after he...

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