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COOK v. McKUNE

No. 01-3106.

323 F.3d 825 (2003)

Kenneth Mark COOK, Petitioner-Appellant, v. David MCKUNE and The Attorney General of the State of Kansas, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

March 18, 2003.

Attorney(s) appearing for the Case

Chanda Feldkamp and Sherri L. Schuck, Legal Interns, (Jeffrey A. Wells, Legal Intern, Matt Wilson, Legal Intern, and John J. Francis, Supervising Attorney, with them on the briefs), Washburn Law Clinic, Washburn University School of Law, Topeka, KS, for Petitioner-Appellant.

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

Before HENRY, McKAY and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Senior Circuit Judge.

Kenneth Cook appeals from the denial of his petition for habeas corpus challenging the constitutionality of his conviction in Kansas for the murder of Charles Duty. Of the two witnesses who testified that they were present at the murder, only one, David Rudell, testified that Cook committed the murder. Rudell was not present at the trial. Instead, the trial court found that Rudell was...

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