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BUTLER v. DUCKWORTH

Civ. No. S88-525.

776 F.Supp. 1316 (1989)

Kennis BUTLER, Petitioner, v. Jack R. DUCKWORTH, and Indiana Attorney General, Respondents.

United States District Court, N.D. Indiana, South Bend Division.

November 7, 1989.

Attorney(s) appearing for the Case

Kathryn B. O'Neall, Remington, Ind., for petitioner.

Wayne E. Uhl, Indianapolis, Ind., for respondents.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

On August 19, 1988, the petitioner, Kennis Butler, appearing pro se, filed a petition seeking habeas corpus relief under 28 U.S.C. § 2254. The court subsequently appointed counsel for the petitioner. The respondents have filed their return and the state court record. The case is now ripe for ruling.

I. BACKGROUND

In 1982, the petitioner was convicted of robbery, a Class B felony...

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