Kenneth J. Novak v. James Purkett, Superintendent, Farmington Correctional Center

BEAM, Circuit Judge.

Kenneth Novak appeals the district court’s 1 denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We affirm.

I. BACKGROUND

Novak is serving a ten-year sentence for the 1981 kidnapping of his estranged wife. After a Missouri bench trial, Novak was convicted of the kidnapping. However, the trial court suspended Novak’s sentencing and placed him on probation. At that time, under Missouri law, there was no final judgment from which Novak could appeal. No vak v. State, 787 S.W.2d 791, 792 (Mo.Ct.App. 1990). In 1984, Novak violated his probation and the trial court…