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ANDERSON v. ATTORNEY GENERAL OF KANSAS

No. 04-3243.

425 F.3d 853 (2005)

Derek D. ANDERSON, Petitioner-Appellant, v. ATTORNEY GENERAL OF KANSAS; David R. McKune, Warden, Lansing Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

September 22, 2005.

Attorney(s) appearing for the Case

Submitted on the Briefs:*

Derek D. Anderson, pro se.

Phill Kline, Attorney General and Kristafer R. Ailslieger, Assistant Attorney General, Topeka, KS, for the Respondents-Appellees.

Before HARTZ, McKAY, and PORFILIO, Circuit Judges.

HARTZ, Circuit Judge.

A Kansas jury convicted Derek D. Anderson of committing aggravated sexual battery while a patient undergoing treatment for schizophrenia at a mental health facility. He claims that his trial counsel was ineffective for not raising an insanity defense. We affirm the district court's denial of his application for relief under 28 U.S.C. § 2254.

I. BACKGROUND

Mr. Anderson's assault conviction stems from an incident that occurred...

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