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THOMAS v. STATE OF IND.

No. 89-3040.

910 F.2d 1413 (1990)

Leroy THOMAS, Jr., Petitioner-Appellee, v. STATE OF INDIANA, et al., Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 1990.

Attorney(s) appearing for the Case

Kenneth N. Flaxman, Chicago, Ill., Leroy Thomas, Jr., Westville Correctional Center, Westville, Ind., for petitioner-appellee.

Linley E. Pearson, Atty. Gen., Wayne E. Uhl, Deputy Atty. Gen., Indianapolis, Ind., for respondents-appellants.

Before POSNER and FLAUM, Circuit Judges, and WILL, Senior District Judge.

POSNER, Circuit Judge.

Leroy Thomas, Jr., was convicted in an Indiana state court in 1979 of murder, and was sentenced to prison for thirty years. After exhausting his state remedies in Thomas v. State, 420 N.E.2d 1216 (Ind.1981), he brought this action for federal habeas corpus, and prevailed in the district court, which ordered the state to either release or retry him.

That Thomas committed the homicide has never...

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