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16-309 - DAUGHERTY v. SUPERINTENDENT


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16-309 - DAUGHERTY v. SUPERINTENDENT
September 9, 2016
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Order (1) Dismissing Claim under Indiana Law as Insufficient, (2) Dismissing Claim Based on United States Sentencing Guidelines as Insufficient, and (3) Directing Petitioner to File Supplement to Petition for Writ of Habeas Corpus - Jennings Daugherty challenges the 33 year sentence imposed following his convictions in the Wayne Superior Court for two counts of being a serious violent felon in possession of a firearm and one count of intimidation. The arguments Daugherty has presentedviable claim for relief. (See Order.) Signed by Judge William T. Lawrence on 9/9/2016.(BRR) do not warrant the relief he seeks. As explained, therefore, the claims based on those arguments are dismissed. He shall have through October 14, 2016 in which to further supplement his petition for writ of habeas corpus by setting forth a
February 8, 2018
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ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS - This Court has carefully reviewed the state record in light of Mr. Daugherty's claims and has given such consideration to those claims as the limited scope of its review in a habeas corpus proceeding permits. Having applied the appropriate standard of review, and having considered the pleadings and the record, Mr. Daugherty's petition for writ of habeas corpus must be denied. Judgment consistent with this Entry shall now issue. The Court therefore denies a certificate of appealability (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge William T. Lawrence on 2/8/2018. (DW)