KENLEY v. BOWERSOX

No. 99-3281, 99-3440.

228 F.3d 934 (2000)

Kenneth KENLEY, Appellee, v. Michael BOWERSOX, Appellant. Kenneth Kenley, Appellant, v. Michael Bowersox, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 28, 2000.


Attorney(s) appearing for the Case

Stacy Anderson, argued, Jefferson City, MO, for Appellant.

Jennifer Brewer, argued, St. Louis, MO (Frederick A. Duchardt, Jr., Kearney, MO, on the brief), for Appellee.

Before BOWMAN, FLOYD R. GIBSON, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


BOWMAN, Circuit Judge.

Michael Bowersox, on behalf of the state of Missouri, appeals from the decision of the District Court granting Kenneth Kenley's petition for a writ of habeas corpus, see 28 U.S.C. § 2254 (1994 & Supp. IV 1998), on the ground that Kenley was denied his right to due process in a state post-conviction hearing, one of twelve claims he raised in his § 2254 petition. The court dismissed two of Kenley's claims without prejudice...

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