No. 99-3771

259 F.3d 781 (2001)

Rodney L. Boyko, Petitioner-Appellant, v. Al C. Parke, Superintendent, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 27, 2001

Attorney(s) appearing for the Case

Howard B. Eisenberg (argued), Milwaukee, WI, for petitioner-appellant.

Michael A. Hurst (argued), Karen M. Freeman-Wilson, Office of the Attorney General, Indianapolis, IN, for respondent-appellee.

Before EASTERBROOK, RIPPLE and WILLIAMS, Circuit Judges.

RIPPLE, Circuit Judge.

At the age of fifteen, Rodney Boyko was convicted of the murder of Lester Clouse and sentenced to 35 years in prison. His conviction was affirmed on direct appeal by the Indiana Court of Appeals, see Boyko v. State, 566 N.E.2d 1060 (Ind.Ct.App. 1991), and he did not petition for transfer to the Indiana Supreme Court. Mr. Boyko then filed a petition for postconviction relief in which he alleged, inter...

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