031086P.pdf   01/30/2004  Jeremaine Perry  v.  Michael Kemna
   U.S. Court of Appeals Case No:  03-1086
   Western District of Missouri   
   Prisoner case - habeas. District court did not err in denying claim that 
   petitioner was denied effective assistance of counsel in connection with 
   his attorney's advice during investigative phase of the case, as the state 
   courts' finding that counsel advised him not to speak with the police was 
   a credibility finding which was presumed to be correct, and petitioner's 
   evidence was insufficient to overcome that presumption; waiver of 
   Miranda rights was voluntary, knowing and intelligent, and petitioner's 
   statements were admissible; counsel's disclosure of privileged 
   information to the police was not ground for relief, as the information 
   was never admitted at trial and it could not be shown that counsel's 
   actions changed the result of the trial; finding that race played no part in 
   trial judge's decision to certify petitioner for trial as an adult was 
   entitled to a presumption of correctness in absence of clear and convincing 
   evidence of prejudice; claim delay in bringing matter to trial violated 
   petitioner's Sixth Amendment right to a speedy trial rejected. Separate 
   concurrence by Judge Bye. [PUBLISHED][M. Arnold, author]