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THOMAS v. ALLEN

Civil Action No. CV-01-S-0772-NE.

614 F.Supp.2d 1257 (2009)

Kenneth Glenn THOMAS, Petitioner, v. Richard ALLEN, Commissioner of the Alabama Department of Corrections, Respondent.

United States District Court, N.D. Alabama, Northeastern Division.

April 21, 2009.

Attorney(s) appearing for the Case

Barrett E. Vahle, Jerome T. Wolf, Sonnenschein Nath & Rosenthal LLP, Kansas City, MO, for Petitioner.

Beth Jackson Hughes, Henry M. Johnson, Troy R. King, Office of the Attorney General, Tina Marie Coker, Alabama Attorney General's Office, Montgomery, AL, for Respondent.

MEMORANDUM OPINION

C. LYNWOOD SMITH, JR., District Judge.

Petitioner, Kenneth Glenn Thomas, is an inmate in the custody of the Alabama Department of Corrections. He was sentenced to death by the Circuit Court of Limestone County, Alabama, for the intentional murder of Mrs. Flossie McLemore during the course of a burglary. See Ala. Code § 13A-5-40(a)(4) (1975). Following exhaustion of his direct appeal rights and post-conviction remedies in the...

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