MEMORANDUM AND ORDER
ALLEN SHARP, Chief Judge.
The petitioner, Melvin Smith, files this petition pro se seeking relief under 28 U.S. C. § 2254. Said petition was filed on December 19, 1986. The petitioner was convicted on May 25, 1966, of the crime of second degree murder in the Lake County Criminal Court and that conviction was affirmed in Smith v. State,
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