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MURPHY v. KING

No. 10-3845.

652 F.3d 845 (2011)

John Patrick MURPHY, Appellant, v. John KING, Warden, M.C.F. — Stillwater; Lori Swanson, Attorney General for the State of Minnesota, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 29, 2011.

Attorney(s) appearing for the Case

Beau D. McGraw, Oakdale, MN, for appellant.

J. Michael Richardson, Minneapolis, MN, for appellees.

Before COLLOTON, CLEVENGER, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

After his conviction in the Minnesota courts, John Patrick Murphy moved for federal habeas relief under 28 U.S.C. § 2254. The district court2 denied relief, but granted a certificate of appealability on whether Murphy's sentence violates the Eighth Amendment's prohibition of cruel and unusual punishments. Having jurisdiction under 28 U.S.C. §§ 1291 and 2253...

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