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JOHNSON v. ELLINGSWORTH

Civ. A. No. 90-255-JLL.

783 F.Supp. 215 (1992)

Raymond C. JOHNSON, Petitioner, v. John ELLINGSWORTH, Warden, Sussex Correctional Institution, and Charles M. Oberly, Attorney General of the State of Delaware, Respondents.

United States District Court, D. Delaware.

February 3, 1992.

Attorney(s) appearing for the Case

Raymond C. Johnson, pro se.

Loren C. Meyers, Deputy Atty. Gen., Delaware Dept. of Justice, Wilmington, Del., for respondents.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION AND PROCEDURAL BACKGROUND

In July of 1981 the petitioner, Raymond Johnson, was convicted by a jury in Delaware Superior Court of sexual assault, unlawful imprisonment, first degree sodomy, and first degree rape. Docket Item ("D.I.") 9 at 1. Counsel for the petitioners, two public defenders, then filed motions for a new trial. Memorandum ("Memo."), D.I. 2 at 1. While the motions...

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