Legal Opinion
John Kelly v. Myrna Trickey
Court of Appeals for the Eighth Circuit
Decided April 14, 1988No. 87-1612PublishedCited by 23 opinions
1Opinion of the Court
BEAM, Circuit Judge.
John Kelly appeals the denial of his application for a writ of habeas corpus. We affirm.
I. Background
On May 24,1983, Kelly was charged with rape by the State of Missouri. At trial, Kelly’s attorney, in her closing argument, asserted that the prosecution could have called certain witnesses to testify on its behalf but chose not to do so because none of them would have been able to corroborate the victim’s version of the incident.
The prosecutor responded to this statement in her closing argument by pointing out that the defense could have called these same witnesses to…
2Cases cited5 opinions
- Picard v. ConnorSupreme Court of the United States · 1971
- William Daye v. Attorney General of the State of New York and Eugene Le Fevre, Superintendent, Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1982
- United States v. RobinsonSupreme Court of the United States · 1988
- Darrell Martin v. Herman Solem, Warden, South Dakota State Penitentiary, and Mark v. Meierhenry, Attorney General, State of South DakotaCourt of Appeals for the Eighth Circuit · 1986
- Charles Lee Thomas v. Donald W. WyrickCourt of Appeals for the Eighth Circuit · 1980
3Cited by23 opinions
- Michael McCall v. Dennis Benson, WardenCourt of Appeals for the Eighth Circuit · 1997
- Lewis E. Ashker v. Walter Leapley, Warden Mark W. Barnett, Attorney General, State of South DakotaCourt of Appeals for the Eighth Circuit · 1993
- Samuel Lee McDonald v. Michael BowersoxCourt of Appeals for the Eighth Circuit · 1997
- Alfred E. Myre v. State of IowaCourt of Appeals for the Eighth Circuit · 1995
- Reeves v. HopkinsDistrict Court, D. Nebraska · 1994
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