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ALLEN v. BUSS

No. 07-2486.

558 F.3d 657 (2009)

Howard A. ALLEN, Jr., Petitioner-Appellant, v. Edwin G. BUSS, Superintendent, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 11, 2009.

Attorney(s) appearing for the Case

Alan M. Freedman, Attorney, Midwest Center for Justice, Evanston, IL, Laurence E. Komp, Law Office of Laurence E. Komp, Manchester, MO, for Petitioner-Appellant.

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

Before FLAUM, ROVNER, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

In 1988, consistent with a jury's verdict and sentencing recommendation, the Marion Superior Court in Indiana sentenced Howard A. Allen, Jr. to death by lethal injection for the murder and robbery of Ernestine Griffin. Since then, Allen has been asking the Indiana state courts to consider his claim that he is mentally retarded and therefore should not be executed. First, he sought relief when Indiana...

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