Walter Myrick v. Herb Maschner and the Attorney General of the State of Kansas, Respondents

JOHN P. MOORE, Circuit Judge.

This is an appeal following a denial of a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. In Kansas state court, the petitioner, Walter Myrick, was convicted of premeditated and felony murder, aggravated kidnapping, and aggravated possession of a weapon. After exhausting his state remedies, he sought a writ of habeas corpus in the United States District Court for the District of Kansas, contending a jury instruction deprived him of his right to a fair trial and contravened the rule of Sand-strom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39…