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KELLY v. ROBERTS

No. 92-3366.

998 F.2d 802 (1993)

Erick L. KELLY, Plaintiff-Appellant, v. Raymond ROBERTS and Attorney General, State of Kansas, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 6, 1993.

Attorney(s) appearing for the Case

A. Kimberley Dayton (B. Kay Huff with her on the briefs) University of Kansas School of Law, for plaintiff-appellant.

John K. Bork, Asst. Atty. Gen., for defendants-appellees.

Before LOGAN, McWILLIAMS, and MOORE, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

In 1983, Erick Kelly was convicted in Kansas State Court of felony murder and aggravated robbery. After exhausting his state court remedies, he filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Mr. Kelly advanced three grounds for relief in his habeas corpus action, including a claim the State failed to present sufficient evidence to support his conviction in violation of the Fourteenth Amendment. The district...

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