Gerald Wayne Phelps v. Jack R. Duckworth, Warden Indiana State Prison, and Linley E. Pearson, Attorney General of Indiana
Court of Appeals for the Seventh Circuit
1Opinion of the Court
*1411CUMMINGS, Chief Judge, with whom BAUER, WOOD, ESCHBACH, COFFEY and RIPPLE, Circuit Judges, join.
Petitioner Gerald Wayne Phelps was convicted in the Superior Court of Vanden-burgh County, Indiana, of rape and kidnapping in 1974. He received concurrent sentences of two to twenty-one years and life imprisonment, and his conviction was affirmed unanimously by the Indiana Supreme Court. 266 Ind. 66, 360 N.E.2d 191 (1977), certiorari denied, 434 U.S. 844, 98 S.Ct. 146, 54 L.Ed.2d 110.
In 1978 petitioner sought a writ of habe-as corpus in the United States District Court for the Southern District of…
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