Labels:book | reckoner | tree OCR: the issue of whether the petitioner SEA one t0 the robbers fd. at 446 t} examination TO the evidence, pleadings and instruc- tions Schiro's case shows that he entitled relief under Ashe See also Bullington Missouri 451 430 (1981) What material facts were in dispute at Schiro's trial Triat eridence. As set forth fully supra at 32-36, evidence of Schiro's mental statc pervaded the guilt trial. Thus, the "unas- sailable" facts were that killing and rape occurred and that Schiro commitied those acts. he What was disputed. and relevant to the Ashe inquiry was Schiro's mental state Pleadings The pre -trial pleadings denionstrate thal intent was material disputed fact Seven of ten motions filed by the defense centered LO Schiro's mental state: Motion Have the Placed Under Observation [Tr "Motion ...
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