McKINLEY v. SMITH

No. 85-7520.

838 F.2d 1524 (1988)

Larry Wayne McKINLEY, Petitioner-Appellant, v. Fred SMITH, Commissioner, Alabama Department of Corrections, J.D. White, Warden, Kilby Correctional Center, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 10, 1988.


Attorney(s) appearing for the Case

Roger C. Appell, Birmingham, Ala., for petitioner-appellant.

Charles A. Graddick, Atty. Gen., Rivard Melson, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees.

Before TJOFLAT and ANDERSON, Circuit Judges, and HENDERSON, Senior Circuit Judge.


TJOFLAT, Circuit Judge:

This habeas appeal involves a case of child abuse which resulted in death. Petitioner, Larry Wayne McKinley, was convicted of murder after the jury disbelieved his story that he had accidentally dropped his four-month-old stepdaughter onto a concrete floor. The sole question presented in this appeal is whether the state trial court denied petitioner due process of law when it refused to grant his request for funds to retain a pathologist to...

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