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CRANK v. DUCKWORTH

No. 91-2573.

969 F.2d 363 (1992)

William E. CRANK, Petitioner-Appellee, v. Jack R. DUCKWORTH and Attorney General of the State of Indiana, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 1992.

Attorney(s) appearing for the Case

Susan M. Miller, Middlebury, Ind. (argued), for petitioner-appellee.

David A. Nowak, Deputy Atty. Gen. (argued), Office of Atty. Gen., Indianapolis, Ind., for respondents-appellants Jack R. Duckworth and Atty. Gen. of State of Ind.

Before COFFEY and FLAUM, Circuit Judges, and GRANT, Senior District Judge.

COFFEY, Circuit Judge.

Petitioner William Crank sought, and received, a writ of habeas corpus on his 1974 burglary conviction. The state of Indiana requests reversal of the district court's decision, arguing that the state court dismissed petitioner's claim pursuant to an independent and adequate state procedural rule, and that he has not demonstrated the cause and prejudice necessary to excuse the procedural default. We agree, and reverse.

I. BACKGROUND...

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