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STEPHENS v. MILLER

No. 91-1690.

989 F.2d 264 (1993)

Lonnie K. STEPHENS, Petitioner-Appellant, v. Charles B. MILLER, Warden, and Attorney General of the State of Indiana, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 26, 1993.

As Amended May 21, 1993.

Order Granting Rehearing June 9, 1993.

Attorney(s) appearing for the Case

Robert G. Forbes (argued), Forcum & Forbes, Hartford City, IN, for petitioner-appellant.

Ronald J. Semler, Asst. Atty. Gen. (argued), Office of the Attorney General, Indianapolis, IN, for respondents-appellees.

Before CUMMINGS and RIPPLE, Circuit Judges, and REYNOLDS, Senior District Judge.

Order Granting Rehearing En Banc June 9, 1993.

REYNOLDS, Senior District Judge.

A jury found Lonnie Stephens ("Stephens") guilty of attempted rape. The Indiana Supreme Court, 544 N.E.2d 137, with two justices dissenting, affirmed the conviction. Stephens then petitioned the United States District Court, Northern District of Indiana ("district court"), for a writ of habeas corpus. Stephens argues that the trial judge incorrectly...

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