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In the

Indiana Supreme Court
Alan MATHENEY, Petitioner, v. STATE of Indiana, Respondent. ) ) ) ) ) ) Supreme Court Cause No. 45S00-0509-SD-425 Lake Superior Court, Crim. Div. 2 Case No. 45G02-9001-CF-22

ORDER CONCERNING SECOND SUCCESSIVE PETITION FOR POST-CONVICTION RELIEF IN CAPITAL CASE Introduction Having completed the review to which he is entitled as a matter of right, Petitioner Alan Matheney remains convicted of murder and sentenced to death. Execution of the death sentence is set for September 28, 2005, before sunrise. Matheney, pro se, has tendered a successive postconviction petition and other documents requesting relief from the conviction and sentence. We have jurisdiction because of the death sentence. See Ind. Appellate Rule 4(A)(1)(a). Background Matheney was charged with one count of intentional murder and one count of burglary. The State sought the death penalty, alleging two aggravating circumstances that rendered Matheney eligible for a death sentence: (1) an intentional murder during a burglary; and (2) he committed the murder by lying in wait. See Ind. Code

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