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WISEHART v. DAVIS

No. 04-1632.

408 F.3d 321 (2005)

Mark A. WISEHART, Petitioner-Appellant, v. Cecil DAVIS, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 10, 2005.

Rehearing and Rehearing Denied June 24, 2005.

Attorney(s) appearing for the Case

Alan M. Freedman, Midwest Center for Justice, Evanston, IL, Rhonda R. Long-Sharp (argued), Foster & Long-Sharp, Indianapolis, IN, for Petitioner-Appellant.

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

Before FLAUM, Chief Judge, and POSNER and WOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 24, 2005.

POSNER, Circuit Judge.

In 1983 an Indiana jury found Mark Wisehart guilty of murder and robbery of an elderly woman, the burglary of her home, and the theft of her property. The jury recommended the death penalty, and the judge agreed and sentenced Wisehart accordingly. After exhausting state judicial remedies in Wisehart v. State, 484 N.E.2d 949 (Ind.1985),

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