KING v. KEMNA

No. 99-2047.

266 F.3d 816 (2001)

Jerry Dean King, Appellant, v. Mike Kemna, Superintendent; Jeremiah (Jay) Nixon, Attorney General, State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 17, 2001.


Attorney(s) appearing for the Case

William E. Corum, Kansas City, MO, argued, for appellant.

Cassandra Dolgin, Asst. Atty. Gen., Jefferson City, MO, argued (Karen P. Butler, Asst. Atty. Gen., Jefferson City, MO, on the brief), for appellee.

Before WOLLMAN, Chief Judge, HEANEY, McMILLIAN, RICHARD S. ARNOLD, BOWMAN, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, MURPHY, and BYE, Circuit Judges.


LOKEN, Circuit Judge.

In 1994, Missouri inmate Jerry Dean King was convicted of first-degree assault and armed criminal action and received two consecutive life sentences for shooting his brother Dennis. King now appeals the denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The issue is whether his trial counsel provided constitutionally ineffective assistance in failing to investigate and present evidence of King's diminished mental capacity...

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