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ANDERSON v. ATTORNEY GENERAL OF STATE OF KANSAS

No. 02-3122.

342 F.3d 1140 (2003)

Derek D. Anderson, Petitioner-Appellant, v. Attorney General of the State of Kansas; David R. McKune, Warden, Lansing Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

September 3, 2003.

Attorney(s) appearing for the Case

Howard A. Pincus, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with him on the briefs), Denver, CO, for Petitioner-Appellant.

John K. Bork, Assistant Attorney General (Kristafer R. Ailslieger, Assistant Attorney General, on the brief), Topeka, KS, for Respondents-Appellees.

Before HENRY, HOLLOWAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Appellant Derek D. Anderson was convicted of aggravated sexual battery. Anderson sought federal habeas corpus relief under 28 U.S.C. § 2254 in the United States District Court for the District of Kansas, arguing that his counsel was ineffective for failing to adequately prepare, failing to investigate mitigating evidence, and failing to raise an insanity defense. The district court dismissed Anderson's habeas petition...

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