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OCR: TARLE OF CONTENTS Continued Page Established Principles of Collateral Extoppel Ear Imposition of the Death Penalty Because the Jury Resolved Facts in the Guilt Trial Ad. versely the State and These Facts Were Condition Precedent to Lawful Imposition of the Death Penalty What material facts in dispute at Schiro' trial? Trial evidence Pleadings Iustructions The issues of material fact were determined in Schiro's favor by valit and final judg- meni The same parties relitigated the material facta at the death penalty trial CONCLUSION APPENDIX INDIANA CODE 35- -50-2-9 INDIANA CODE 35-41-4- Order Denying Rehearing and Suggestion for Re hearing Banc Estahlished Estoppel Fenalty Faets Frecedent mposition disputa valid ment tria APPENTIX