OPINION AND ORDER
LATCHUM, Chief Judge.
John E. Garrett, Jr., a state prisoner and the petitioner in this habeas corpus proceeding, was convicted by a jury on April 9, 1973, in the Superior Court of the State of Delaware of murder in the second degree. Thereafter, he was sentenced to life imprisonment. His conviction was affirmed by the Delaware Supreme Court on April 25, 1974. Garrett v. State,
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