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KELLOGG v. SKON

No. 98-1932.

176 F.3d 447 (1999)

Richard James KELLOGG, Plaintiff-Appellant, v. Erik SKON, Warden, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 10, 1999.

Attorney(s) appearing for the Case

Douglas W. Thomson, St. Paul, MN, argued (Lisa D. Lodin, St. Paul, MN, on the brief), for appellant.

Catherine Mary Keane, St. Paul, MN, argued (Wyman A. Nelson, Buffalo, MN, on the brief), for appellee.

Before: McMILLIAN, JOHN R. GIBSON, and MAGILL, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Richard Kellogg petitioned the district court1 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254(a) (1994) following his conviction in Minnesota state court on two counts of criminal sexual conduct. The convictions resulted from the sexual abuse of his girlfriend's six-year-old daughter. The district court denied Kellogg's petition but granted his application for a certificate of appealability...

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