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MOORE v. PARKE

No. 97-3357.

148 F.3d 705 (1998)

Elijah MOORE, Petitioner-Appellant, v. Al C. PARKE, Warden, Indiana State Prison, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 17, 1998.

Rehearing Denied August 19, 1998.

Attorney(s) appearing for the Case

Hal R. Culbertson (argued), South Bend, IN, for Petitioner-Appellant.

Geoff Davis (argued), Jeffrey A. Modisett, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Before CUMMINGS, KANNE, and EVANS, Circuit Judges.

KANNE, Circuit Judge.

Elijah Moore filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the jury's finding that he was an habitual offender under the laws of Indiana. Because we find that the state did not prove the necessary elements to support an habitual offender determination under Indiana law, we grant Moore habeas relief on the habitual offender count.

I. HISTORY

On September 2, 1983, a jury found Moore...

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