UPCHURCH v. BRUCE, 02-3242
A decision denying post-conviction relief, where petitioner argued that counsel was deficient for not arguing that there was insufficient evidence for the jury to convict petitioner of kidnapping under Kansas law, did not constitute an unreasonable application of Strickland v. Washington, 366 U.S. 688 (1984).
- Decided 06/18/2003
- Published 06/18/2003
LUCERO, Circuit Judge., Before LUCERO, McWILLIAMS, and ANDERSON, Circuit Judges.
United States Tenth Circuit
John K. Bork, Assistant Attorney General (Jared S. Maag, Assistant Attorney General on the briefs), Topeka, KS, for the Respondents-Appellants., Gary W. Owens, Roger L. Falk & Associates, P.A., Wichita, KS, for the Petitioner-Appellee.