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MYRICK v. MASCHNER

Nos. 85-1958, 85-2618.

799 F.2d 642 (1986)

Walter MYRICK, Petitioner-Appellant, v. Herb MASCHNER and the Attorney General of the State of Kansas, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

August 29, 1986.

Attorney(s) appearing for the Case

David J. Gottlieb (Lisa Nathanson with him on the brief), of Legal Services for Prisoners, Inc., Lawrence, Kan., for petitioner-appellant.

Gerald R. Kuckelman, Asst. Atty. Gen. (Robert T. Stephan, Atty. Gen., with him on the brief), of Topeka, Kan., for respondents-appellees.

Before LOGAN, TIMBERS, and MOORE, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

This is an appeal following a denial of a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. In Kansas state court, the petitioner, Walter Myrick, was convicted of premeditated and felony murder, aggravated kidnapping, and aggravated possession of a weapon. After exhausting his state remedies, he sought a writ of habeas corpus in the United States District Court for the District of Kansas, contending a jury instruction deprived...

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