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JOHNSON v. McKUNE

No. 00-3113.

288 F.3d 1187 (2002)

Noble Leroy JOHNSON, Petitioner-Appellant, v. David R. McKUNE; Attorney General of Kansas, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

April 15, 2002.

Attorney(s) appearing for the Case

Stephen W. Kessler, Topeka, KS, for Petitioner-Appellant.

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

Before BRORBY and HOLLOWAY, Senior Circuit Judges, and HENRY, Circuit Judge.

HOLLOWAY, Senior Circuit Judge.

I

On March 25, 1976, Noble Leroy Johnson was convicted in the district court of Butler County, Kansas of two counts of first degree murder and given two concurrent life sentences. The Kansas Supreme Court affirmed his convictions on December 10, 1977. State v. Johnson, 223 Kan. 237, 573 P.2d 994 (Kan.1977). From 1981 to 1994 Johnson filed four post...

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