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BREWER v. AIKEN

No. 90-2530.

935 F.2d 850 (1991)

James BREWER, Petitioner-Appellee, v. James E. AIKEN, Commissioner, Indiana Department of Corrections, and G. Michael Broglin, Director, Diagnostic Center, Plainfield, Indiana, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 14, 1991.

Attorney(s) appearing for the Case

Jessie A. Cook, Trueblood, Harmon, Carter & Cook, Terre Haute, Ind., for petitioner-appellee.

Linley E. Pearson, Atty. Gen., David A. Arthur, Deputy Atty. Gen., Federal Litigation, Indianapolis, Ind., for respondents-appellants.

Before COFFEY, EASTERBROOK and KANNE, Circuit Judges.

COFFEY, Circuit Judge.

James Brewer was convicted of murder February 17, 1978, after a jury trial and was sentenced to death on March 1, 1978, in accordance with the jury's recommendation. After exhausting his state court remedies, see Brewer v. State, 496 N.E.2d 371 (Ind.1986) (Brewer II), Brewer petitioned the federal district court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court...

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