William E. Crank v. Jack R. Duckworth and Attorney General of the State of Indiana

COFFEY, Circuit Judge.

Petitioner William Crank sought, and received, a writ of habeas corpus on his 1974 burglary conviction. The state of Indiana requests reversal of the district court’s decision, arguing that the state court dismissed petitioner’s claim pursuant to an independent and adequate state procedural rule, and that he has not demonstrated the cause and prejudice necessary to excuse the procedural default. We agree, and reverse.

I. BACKGROUND

In February of 1974, an Indiana jury convicted the petitioner of second degree burglary, and he received a two- to five-year period of…