992047P.pdf   09/17/2001  Jerry King  v.  Mike Kemna
   U.S. Court of Appeals Case No:  99-2047
   Western District of Missouri   
   Prisoner case - habeas. Court may consider issue of procedural 
   default sua sponte; claim that trial counsel provided constitutionally 
   ineffective assistance by failing to investigate and present evidence 
   of diminished capacity was procedurally defaulted and without 
   merit as a competent Missouri attorney would have ruled out the 
   defense based on the psychiatric report; concurrence by Judge Bye; 
   dissent by Judge Heaney, joined by Judge McMillian, 
   Richard S. Arnold and Murphy.
  
992047P.pdf   09/22/2000  Jerry King  v.  Mike Kemna
   U.S. Court of Appeals Case No:  99-2047
   Western District of Missouri   
   State Habeas Corpus - 28 U.S.C. Section 2254. Counsel provided 
   ineffective assistance of counsel for failing to seek a second 
   investigation into defendant's mental condition for purposes 
   of establishing a diminished capacity defense. Denial of 
   habeas petition is reversed with directions to issue the writ.