SMITH v. ROBERTS

No. 95-3237.

115 F.3d 818 (1997)

Ronald Dale SMITH, Petitioner-Appellant, v. Raymond ROBERTS; Attorney General, Respondents-Appellees,

United States Court of Appeals, Tenth Circuit.

June 18, 1997.


Attorney(s) appearing for the Case

David J. Gottlieb, University of Kansas School of Law, Lawrence, Kansas, for Petitioner-Appellant.

Jared S. Maag, Assistant Attorney General, Office of the Kansas Attorney General, Topeka, Kansas (Kevin Fletcher, Assistant Attorney General, Office of the Kansas Attorney General, Topeka, Kansas, with him on the brief), for Respondents-Appellees.

Before SEYMOUR, Chief Judge, PORFILIO and HENRY, Circuit Judges.


SEYMOUR, Chief Judge.

Ronald Dale Smith was convicted after a state court jury trial on two counts of aggravated indecent liberties with a child. He filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, alleging that his due process rights were violated both because admittedly false testimony was given at trial and because the State did not reveal the falsity as soon as it was discovered. The district court denied relief. Mr. Smith appeals and...

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