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FROST v. PRYOR

No. 13-3086.

749 F.3d 1212 (2014)

Kenneth E. FROST, Petitioner-Appellant, v. Rex PRYOR, Warden, Lansing Correctional Facility; Derek Schmidt, Kansas Attorney General, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 25, 2014.

Attorney(s) appearing for the Case

Jean K. Gilles Phillips , The Paul E. Wilson Project for Innocence and Post Conviction Remedies, University of Kansas School of Law, Lawrence, KS, appearing for Appellant.

Natalie Chalmers , Assistant Solicitor General, Office of the Kansas Attorney General, Topeka, KS, appearing for Appellees.

Before LUCERO, McKAY, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

In 2005, a Kansas state court jury convicted Kenneth Frost of aggravated indecent liberties with a child in violation of Kan. Stat. Ann. § 21-3504 (2004). His attorney failed to obtain the child's medical records, which could have been used to impeach the child's mother and challenge the prosecution's corroborative evidence. Mr. Frost moved for a new trial based on ineffective assistance of...

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