UPCHURCH v. BRUCE

No. 02-3242.

333 F.3d 1158 (2003)

David L. UPCHURCH, Petitioner-Appellee, v. L.E. BRUCE, Warden, Hutchinson Correctional Facility; Carla Stovall, Kansas Attorney General, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

June 18, 2003.


Attorney(s) appearing for the Case

John K. Bork, Assistant Attorney General (Jared S. Maag, Assistant Attorney General on the briefs), Topeka, KS, for the Respondents-Appellants.

Gary W. Owens, Roger L. Falk & Associates, P.A., Wichita, KS, for the Petitioner-Appellee.

Before LUCERO, McWILLIAMS, and ANDERSON, Circuit Judges.


LUCERO, Circuit Judge.

In this habeas case, the district court granted relief to petitioner David Upchurch on the basis that his appellate counsel failed to mount an adequate challenge to his kidnapping charge. On appeal, we consider whether the Kansas Court of Appeals' ("KCOA's") decision denying post-conviction relief constituted an unreasonable application of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed...

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