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BIEGHLER v. McBRIDE

No. 03-3749.

389 F.3d 701 (2004)

Marvin BIEGHLER, Petitioner-Appellant, v. Daniel McBRIDE, Superintendent, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 18, 2004.

Attorney(s) appearing for the Case

Brent Westerfeld (argued), Lorinda Meier Youngcourt, Huron, IN, for Petitioner-Appellant.

Stephen R. Creason (argued), Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Before KANNE, ROVNER, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

Twenty-three years ago, Kenny Miller went to visit his 21-year-old brother, Tommy, who lived with his pregnant 19-year-old wife, Kimberly, in a trailer near Kokomo, Indiana. When he arrived, he discovered a gruesome scene: Tommy and Kimberly had been shot to death, Tommy with six bullets and Kimberly with three. Marvin Bieghler was eventually tried, convicted, and sentenced to death for the two murders in 1983. His convictions and...

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