GONZALES v. McKUNE

No. 00-3003.

247 F.3d 1066 (2001)

Timothy GONZALES, Petitioner-Appellant, v. David McKUNE, Warden, Lansing Correctional Facility, and Carla Stovall, Kansas Attorney General, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

April 18, 2001.


Attorney(s) appearing for the Case

Jean K. Gilles Phillips, The Paul E. Wilson Defender Project, University of Kansas School of Law, Lawrence, KS, for Petitioner-Appellant.

Jared S. Maag, Assistant Attorney General, Office of the Kansas Attorney General, Topeka, KS, for Respondents-Appellees.

Before EBEL and BRISCOE, Circuit Judges, and COOK, Senior District Judge.


EBEL, Circuit Judge.

Petitioner-Appellant Timothy Gonzales ("Gonzales") challenges his convictions for attempted rape and felony murder under 28 U.S.C. § 2254. We conclude that under the Antiterrorism and Effective Death Penalty Act ("AEDPA") we must accept the finding of the Kansas court that Gonzales was not prejudiced by his counsel's error in failing to exclude hearsay evidence of a confession from his trial. We also hold that certain evidence that was wrongfully...

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