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KELLY v. TRICKEY

No. 87-1612.

844 F.2d 557 (1988)

John KELLY, Appellant, v. Myrna TRICKEY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 14, 1988.

Attorney(s) appearing for the Case

Matthew D. Menghini, St. Louis, Mo., for appellant.

Stephen Hawke, Asst. Atty. Gen., for appellee.

Before JOHN R. GIBSON and BEAM, Circuit Judges, FLOYD R. GIBSON, Senior Circuit Judge.

BEAM, Circuit Judge.

John Kelly appeals the denial of his application for a writ of habeas corpus. We affirm.

I. Background

On May 24, 1983, Kelly was charged with rape by the State of Missouri. At trial, Kelly's attorney, in her closing argument, asserted that the prosecution could have called certain witnesses to testify on its behalf but chose not to do so because none of them would have been able to...

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