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United States Eighth Circuit


KENLEY v. BOWERSOX, 99-3281

Under 28 USC 2254, a state court's adoption of the factual findings is a ruling on the merits, even if the court's procedure for adopting those findings were improper.

Appellate Information

  • Decided 01/03/2002
  • Published 01/03/2002

Judges

  • BOWMAN, Circuit Judge., Before BOWMAN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Stephen D. Hawke, Assistant Missouri Attorney General, argued (Stacy L. Anderson, Assistant Attorney General, and Jeremiah W. Nixon, Missouri Attorney General, on the brief), for appellant.

  • For Appellees:
  • Jennifer Brewer, St. Louis, MO, argued (Frederick A. Duchardt, Jr., Kearney, MO, on the brief), for appellee.
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