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BURRIS v. PARKE

No. 95-3725.

95 F.3d 465 (1996)

Gary BURRIS, Petitioner-Appellant, v. Al C. PARKE, Superintendent, Indiana State Prison, and Pamela Carter, Attorney General of the State of Indiana, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 23, 1995.

Reargued December 19, 1995.

Re-Reargued June 17, 1996.

Decided September 12, 1996.

Attorney(s) appearing for the Case

Alan M. Freedman (argued), Bruce H. Bornstein, Freedman & Bornstein, Chicago, IL, John Blume, Habeas Assistance Project, Columbia, SC, for petitioner-appellant.

Geoff Davis, Geoffrey Slaughter (argued), Office of Atty. Gen., Indianapolis, IN, for respondent-appellee.

Before POSNER, Chief Judge, and CUMMINGS, CUDAHY, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, DIANE P. WOOD, and EVANS, Circuit Judges.

Reargued En Banc December 19, 1995.

Re-Reargued En Banc June 17, 1996.

POSNER, Chief Judge.

This death-penalty case, twice reargued before the full court, has a tortured history. In 1981 Gary Burris, convicted in an Indiana state court of a murder committed in 1980, was sentenced to death. The judgment was affirmed by the state's highest court, Burris v. State, 465 N.E.2d 171 (Ind.1984), and Burris then sought...

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