McMullan v. Roper

VIKEN, District Judge.

Alfred McMullan, Jr., moved for habeas relief under 28 U.S.C. § 2254. The district court 2 denied relief. McMullan appeals. This court has jurisdiction under 28 U.S.C. §§ 1291 and 2254. We affirm.

I

A Missouri jury convicted McMullan of second degree murder. He was sentenced to a term of thirty years imprisonment. McMullan’s conviction and sentence were affirmed on direct appeal by the Missouri Court of Appeals. See State v. McMullan, 104 S.W.3d 439 (Mo.App. E.D.2003). The Missouri Court of Appeals issued its mandate on June 5, 2003, and McMullan did not seek discretionary…