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.