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                        as a courtesy to the reader. They are not part of the opinion of the court.

133627P.pdf   04/27/2015  Roderick Nunley  v.  Michael Bowersox
   U.S. Court of Appeals Case No:  13-3627
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] Capital Habeas Corpus - section 2254. Nunley unequivocally waived his right to jury sentencing when he pleaded guilty. When the state supreme court vacated the trial court's judgment, it remanded for a new penalty hearing, not a new plea hearing and his waiver remained in effect. The state supreme court did not unreasonably apply clearly established federal law by denying his motion to withdraw his plea. Nunley does not have a constitutional right to a jury-determined sentence because Ring v. Arizona is not retroactive. The state's interpretation of state law denying Nunley relief is not unreasonable, neither is the state court's conclusion an unreasonable application of federal law. Nor did the state court make an unreasonable determination of the facts in light of the evidence presented. Denial of habeas relief is affirmed.