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ROCHE v. DAVIS

Nos. 01-1664, 01-1665.

291 F.3d 473 (2002)

Charles ROCHE, Jr., Petitioner-Appellee, Cross-Appellant, v. Cecil DAVIS, Warden, Indiana State Prison, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 28, 2002.

Rehearing and Rehearing Denied July 15, 2002.

Attorney(s) appearing for the Case

Alan M. Freedman, Midwest Center for Justice, Chicago, IL, Marie F. Donnelly (argued), Virginia Capital Representation Resource Center, Richmond, VA, for Petitioner-Appellee.

Thomas D. Perkins (argued), Office of Attorney General, Indianapolis, IN, for Respondent-Appellant.

Before COFFEY, KANNE, and ROVNER, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 15, 2002.

KANNE, Circuit Judge.

A Lake County, Indiana jury found petitioner Charles Roche, Jr. guilty of murder, and the trial judge sentenced him to death. After exhausting his state court remedies, Roche filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court granted the habeas petition and ordered Roche to be sentenced to life...

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