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GONZALES v. McKUNE

No. 00-3003.

279 F.3d 922 (2002)

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

United States Court of Appeals, Tenth Circuit.

February 6, 2002.

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 TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, and MURPHY, Circuit Judges.

ON REHEARING EN BANC

EBEL, Circuit Judge.

This court granted rehearing en banc primarily to consider whether the panel correctly applied deference under the Antiterrorism and Effective Death Penalty Act (AEDPA) to the cumulation of Strickland1 prejudice and Brady2 materiality where the state courts had not adjudicated the Strickland-Brady cumulation issue on the merits. See...

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