WILEY v. RAYL

No. 83-1663.

767 F.2d 679 (1985)

Roland Ralph WILEY, III, Plaintiff-Appellant, v. Gary RAYL and the Attorney General of the State of Kansas, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 5, 1985.


Attorney(s) appearing for the Case

Roland Ralph Wiley, III, plaintiff-appellant, pro se.

Timothy G. Madden, Asst. Atty. Gen. of the State of Kan., Topeka, Kan., for defendants-appellees.

Before BARRETT, McKAY, and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

This appeal, submitted on the briefs pursuant to Tenth Cir.R. 9, is from the district court's order denying petitioner Roland Wiley, III's writ of habeas corpus under 28 U.S.C. § 2254. Wiley challenges the constitutionality of a jury instruction regarding criminal intent given at his trial in a Kansas state court in which he was convicted of rape and aggravated kidnapping. We must decide whether the intent instruction violated the fundamental...

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