MEMORANDUM
JOHN T. NIXON, Chief Judge.
Pending before the Court in the abovestyled case is Petitioner's Motion for Summary Judgment (Doc. No. 146). Petitioner Austin asserts that there are no issues of material fact and that he is entitled to judgment as a matter of law. Petitioner moves this Court to issue the writ of habeas corpus unless the State grants him a new trial at which the State is required to prove its case beyond a reasonable doubt,...
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