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BERKMAN v. VANIHEL

No. 21-1567.

33 F.4th 937 (2022)

Nathan S. BERKMAN, Petitioner-Appellant, v. Frank VANIHEL, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 11, 2022.

Attorney(s) appearing for the Case

Russell W. Brown, Jr. , Attorney, Region Lawyers, Inc., Merrillville, IN, for Petitioner-Appellant.

Andrew A. Kobe , Caryn Nieman Szyper , Attorneys, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Before Sykes, Chief Judge, Ripple, and St. Eve, Circuit Judges.

Nathaniel Berkman was tried in Indiana state court on first-degree and felony-murder charges for the killing of his drug supplier. The jury acquitted Mr. Berkman on the first-degree murder charge, but could not reach a verdict related to felony murder. A second trial was held at which one of the State's key witnesses, Arlene...

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