Leroy Sims, Jr. v. Ward Lane, Warden of the Indiana State Prison

CUMMINGS, Circuit Judge.

This appeal is from the denial of a petition for a writ of habeas corpus. In 1964, petitioner received a life sentence after a jury trial finding him guilty of kidnapping and robbery in contravention of Burns’ Ind.Stat.Ann. §§ 10-2901 and 10-4101. The Indiana Supreme Court affirmed the judgment, Sims v. State, 246 Ind. 660, 208 N.E.2d 469 (1965), and certiorari was denied. 384 U.S. 922, 86 S.Ct. 1374, 16 L.Ed.2d 442.

Before ruling upon the habeas corpus petition, the district court appointed counsel, heard evidence and oral argument. An unreported memorandum opinion…