Legal Opinion
Robert William Kerns v. John Ault, Warden
Court of Appeals for the Eighth Circuit
Decided May 17, 2005No. 04-1195PublishedCited by 15 opinions
1Opinion of the Court
BEAM, Circuit Judge.
In this habeas corpus case, Robert Kerns appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition. Because we agree that his claim is procedurally defaulted, we affirm.
I. BACKGROUND
An associate of Kerns mugged a man, using a knife or razor 1 as a weapon, and stole the man’s laptop computer. Kerns then participated in the theft by pawning the laptop. Later, Kerns held up a series of businesses by handing the desk clerk a note demanding money and insinuating that he had a weapon. Once caught, Kerns pled guilty to theft and four second-degree robbery charges.…
2Cases cited8 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Gray v. NetherlandSupreme Court of the United States · 1996
- Scott v. Pennsylvania Department of Public WelfareSupreme Court of the United States · 2004
- Jeremaine Perry v. Michael KemnaCourt of Appeals for the Eighth Circuit · 2004
- Robert W. Odem v. Frank X. Hopkins, Warden, and Tom Miller, Attorney General, State of Iowa,appellantsCourt of Appeals for the Eighth Circuit · 1999
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Willie McNair v. Donal CampbellCourt of Appeals for the Eleventh Circuit · 2005
- Paul Eichwedel v. Brad CurryCourt of Appeals for the Seventh Circuit · 2012
- Murphy v. KingCourt of Appeals for the Eighth Circuit · 2011
- D'AMBROSIO v. BagleyCourt of Appeals for the Sixth Circuit · 2008
- Sharrieff v. CathelCourt of Appeals for the Third Circuit · 2009
10 more not listed; retrieve them via the Exa API.