ELLSWORTH v. LEVENHAGEN

No. 00-1928.

248 F.3d 634 (2001)

Edward L. ELLSWORTH, Petitioner-Appellant, v. Mark LEVENHAGEN, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 20, 2001.


Attorney(s) appearing for the Case

Laura Weiler (argued), Guy Conti (argued), Law Students, Robert J. Palmer, May, Oberfell & Lorber, South Bend, IN, for petitioner-appellant.

Thomas D. Perkins (argued), Office of the Attorney General, Indianapolis, IN, for respondent-appellee.

Before BAUER, COFFEY, and MANION, Circuit Judges.


COFFEY, Circuit Judge.

On February 25, 1999, Edward L. Ellsworth filed a petition for a writ of habeas corpus, 28 U.S.C. § 2254, arguing that his Sixth Amendment rights were violated when an Indiana trial court answered two written questions from the jury without consulting and outside the presence of defense counsel. The district court denied the petition, and Ellsworth now appeals. We affirm.

I. FACTUAL BACKGROUND

Edward Ellsworth was convicted...

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