DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

033995P.pdf   07/05/2005  Melvin Leroy Tyler  v.  James Purkett
   U.S. Court of Appeals Case No:  03-3995
   Western District of Missouri   
   [PUBLISHED] [Wollman, Author, with Loken, Chief Judge, and 
   Beam, Circuit Judge] 
   Prisoner case - habeas. District court did not err in finding that no 
   testable physical evidence exists in Tyler's 1977 criminal case or in 
   concluding that the evidence was lost under negligent or otherwise 
   inadvertent circumstances; district court judge did not err in failing to 
   recuse himself sua sponte because he had been a member of the Missouri 
   Court of Appeals at the time that court considered a motion for rehearing 
   or transfer in Tyler's case.