SPERRY v. McKUNE

No. 04-3472.

445 F.3d 1268 (2006)

Jeffrey J. SPERRY, Petitioner-Appellant, v. David R. McKUNE, Warden, Lansing Correctional Facility; Phil Kline, Kansas Attorney General, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

April 25, 2006.


Attorney(s) appearing for the Case

Submitted on the briefs:* Kari S. Schmidt, Conlee Schmidt & Emerson, LLP, Wichita, KS, for Petitioner-Appellant.

Kristafer R. Ailslieger, Assistant Attorney General, Office of the Kansas Attorney General, Topeka, KS, for Respondents-Appellees.

Before TYMKOVICH, McKAY, and BALDOCK, Circuit Judges.


TYMKOVICH, Circuit Judge.

Jeffrey Sperry appeals a district court order denying his petition for habeas relief from a first-degree murder conviction. We granted a certificate of appealability on the following issues: (1) whether Kansas's first-degree murder statute is unconstitutionally vague; (2) whether Sperry's due process rights were violated by the prosecution's use of a witness's purportedly coerced statements to impeach the witness's trial testimony; and (3...

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