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OSBORNE v. PURKETT

No. 04-1714.

411 F.3d 911 (2005)

Robert OSBORNE, Appellant, v. James D. PURKETT, Superintendent, Eastern Missouri Correctional Center, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 16, 2005.

As Amended June 21, 2005.

Rehearing Denied August 15, 2005.

Attorney(s) appearing for the Case

Ronald L. Jurgeson, argued, Lee's Summit, MO, for appellant.

Cheryl A. Caponegro, argued, Assistant Missouri Attorney General (Lisa J. Berry, Assistant Missouri Attorney General, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, BOWMAN, and GRUENDER, Circuit Judges.

BOWMAN, Circuit Judge.

Robert Osborne was convicted of rape following a jury trial in Missouri state court. His conviction and the denial of his motion for post-trial relief were upheld by the Missouri Court of Appeals. Osborne then filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (2000). The District Court1 denied the petition without a hearing, and Osborne now appeals. We affirm.

I.

Osborne...

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