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STEWART v. DUCKWORTH

No. 93-3727.

93 F.3d 262 (1996)

Raymond STEWART, Petitioner-Appellant, v. Jack R. DUCKWORTH, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 2, 1996.

Attorney(s) appearing for the Case

Thomas Dale Bunton (argued), Baker & Daniels, Indianapolis, IN, for Petitioner-Appellant.

Thomas D. Quigley, Robert L. Collins (argued), Office of the Atty. Gen., Indianapolis, IN, for Respondent-Appellee.

Before CUDAHY, COFFEY and FLAUM, Circuit Judges.

CUDAHY, Circuit Judge.

In 1983 Raymond Stewart was convicted by an Indiana jury of attempted murder, robbery and confinement. The convictions arose out of the robbery and shooting of the driver of a vending machine supply truck on November 20, 1981. Two important issues in the case were the accuracy of the victim's identification of Stewart as the perpetrator of the crimes and the question whether the shooting was intended to be fatal, a required element of attempted...

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