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TILLMAN v. COOK

No. 2:95-CV-731 B.

25 F.Supp.2d 1245 (1998)

Elroy TILLMAN, Petitioner, v. Gerald L. COOK, Warden, Utah State Prison and Jan Graham, Utah Attorney General, Respondents.

United States District Court, D. Utah, Central Division.

August 31, 1998.

Attorney(s) appearing for the Case

Loni Deland, Michael Sikora, Salt Lake City, UT, for Plaintiff.

J. Federic Voros, Jr., Angela Micklos, Salt Lake City, UT, for Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

BENSON, District Judge.

I. BACKGROUND

On the night of May 25, 1982, Petitioner Elroy Tillman entered the home of Mark Schoenfeld, the new-found lover of Tillman's ex-girlfriend. After quietly crawling into Schoenfeld's darkened bedroom, Tillman signaled to his accomplice to turn on a light, whereupon Tillman hit Schoenfeld several times in the head with an axe. While Schoenfeld was still alive, Tillman set...

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