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KILMARTIN v. DORMIRE

No. 98-1219.

161 F.3d 1125 (1998)

Mark KILMARTIN, Appellant, v. David DORMIRE, Superintendent; Jeremiah (Jay) Nixon, Attorney General of the State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 9, 1998.

Attorney(s) appearing for the Case

John R. Osgood, Argued, Lee's Summit, Missouri, for Appellant.

Stephen David Hawke, Assistant Attorney General, Argued, Jefferson City, Missouri, for Appellees.

Before RICHARD S. ARNOLD, WOLLMAN, and KELLY, Circuit Judges.

WOLLMAN, Circuit Judge.

Mark Kilmartin appeals from the district court's2 denial of his 28 U.S.C. § 2254 petition. We affirm.

I.

Kilmartin was convicted on a charge of first-degree sodomy following his sexual contact with an eleven-year-old boy and was sentenced to life imprisonment. The Missouri Court of Appeals affirmed the conviction. See State v. Kilmartin, 904 S.W.2d 370

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