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LEBERE v. ABBOTT

No. 11-1090.

732 F.3d 1224 (2013)

Kent Eric LEBERE, Petitioner-Appellant, v. James ABBOTT, Warden; John W. Suthers, the Attorney General of the State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

October 18, 2013.

Attorney(s) appearing for the Case

James L. Volling , Faegre & Benson LLP, Minneapolis, MN ( Jesseca R.F. Cockson , Martin S. Chester , Christina C. Semmer , and Daniel G. Prokott , Faegre & Benson LLP, Minneapolis, MN; Laurence W. DeMuth, III , Faegre & Benson LLP, Boulder, CO; and Jennifer K. Harrison , Faegre & Benson LLP, Denver, CO, with him on the briefs), for Petitioner-Appellant.

John D. Seidel , Senior Assistant Attorney General ( John W. Suthers , Attorney General, with him on the brief), State of Colorado, Denver, CO, for Respondents-Appellees.

Before KELLY, O'BRIEN, and MATHESON, Circuit Judges.

O'BRIEN, Circuit Judge.

Kent LeBere is serving a 60-year term of imprisonment imposed by a Colorado court as a result of his conviction for second-degree murder and second-degree arson. In his 28 U.S.C. § 2254 petition for habeas relief, he contends the State relied on perjured testimony and withheld potentially exculpatory evidence material to his defense in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10...

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