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OKEN v. NUTH

Civil No. PJM 97-585.

30 F.Supp.2d 877 (1998)

Steven Howard OKEN, Petitioner, v. Eugene NUTH, Warden of the Maryland Correctional Adjustment Center and the Maryland Penitentiary, Respondent, and J. Joseph Curran, Attorney General of the State of Maryland, Respondent.

United States District Court, D. Maryland, Southern Division.

December 18, 1998.

Attorney(s) appearing for the Case

Fred Warren Bennett, Law Office, Greenbelt, MD, Christopher M. Davis, Davis and Davis, Washington, DC, for petitioner.

Ann N. Bosse, Gwynn X. Kinsey, Jr., Office of Attorney General, Baltimore, MD, for respondents.

AMENDED OPINION

MESSITTE, District Judge.

I.

Steven Howard Oken, an inmate under sentence of death by the State of Maryland, has petitioned the Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Oken has filed a "Motion for Order Declaring Maryland not be an Opt-In State" which the State has answered through its own Motion to Dismiss. Resolution of the issue depends upon whether Maryland qualifies for the shortened time...

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