Cook v. McKune
Court of Appeals for the Tenth Circuit
1Opinion of the Court
JOHN R. GIBSON, Senior Circuit Judge.
Kenneth Cook appeals from the denial of his petition for habeas corpus challenging the constitutionality of his conviction in Kansas for the murder of Charles Duty. Of the two witnesses who testified that they were present at the murder, only one, David Rudell, testified that Cook committed the murder. Rudell was not present at the trial. Instead, the trial court found that Rudell was unavailable to testify at trial, and his preliminary hearing testimony was read into the record. Cook contends that the use of Rudell’s prior testimony violated Cook’s Sixth…
2Cases cited34 opinions
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