Thornton v. Duckworth

MEMORANDUM AND OPINION *

ALLEN SHARP, Chief Judge.

I

The petitioner, Kenneth Thornton, filed this petition under 28 U.S.C. § 2254 on October 29, 1985 alleging that he is now an inmate at the Indiana State Prison in Michigan City, Indiana, having been convicted in the Marion Criminal Court, Division II, of first degree murder on September 21,1972. That conviction was affirmed by the Supreme Court of Indiana in a unanimous opinion authored by Justice DeBruler and found at Martin v. State, 262 Ind. 232, 314 N.E.2d 60 (1974), opinion on rehearing, 262 Ind. 232, 317 N.E.2d 430 (1974), cert. denied,…