RUPE v. HANNIGAN

No. 89-3166-S.

780 F.Supp. 1357 (1992)

John RUPE, Petitioner, v. Robert HANNIGAN, et al., Respondents.

United States District Court, D. Kansas.

January 14, 1992.


Attorney(s) appearing for the Case

John (nmi) Rupe, pro se.

John K. Bork, Office of the Atty. Gen., Topeka, Kan., for respondents.


MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter comes before the court on a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Petitioner, who is an inmate at the Lansing Correctional Facility, Lansing, Kansas, was convicted by a jury of aggravated burglary and felony murder in September, 1978. In this action, petitioner challenges his conviction and claims the presumption of intent instruction given at trial unconstitutionally...

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