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JOHNSON v. McBRIDE

No. 04-1354.

381 F.3d 587 (2004)

Gregory Scott JOHNSON, Petitioner-Appellant, v. Daniel McBRIDE, Superintendent, Maximum Control Facility, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 2004.

Rehearing Denied September 10, 2004.

Attorney(s) appearing for the Case

Stanley L. Campbell, Swanson & Campbell, Michelle F. Kraus (argued), Fort Wayne, IN, for Petitioner-Appellant.

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

Before BAUER, EASTERBROOK, and MANION, Circuit Judges.

EASTERBROOK, Circuit Judge.

A jury convicted Gregory Scott Johnson of bludgeoning and kicking Ruby Hutslar to death during a burglary; it found that Johnson set fire to her home in an effort to conceal his crimes. The jurors found aggravating circumstances and no mitigating circumstances; they recommended that Johnson be sentenced to death. The trial judge agreed and imposed that penalty. The Supreme Court of Indiana affirmed on direct appeal, 584...

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