993281P.pdf   01/03/2002  Kenneth Kenley  v.  Michael Bowersox
   U.S. Court of Appeals Case No:  99-3281
                          and No:  99-3440
   Eastern District of Missouri   
   Habeas Case - Death Penalty. Denial of relief on two ineffective 
   assistance of counsel claims at resentencing are affirmed. The claims
   were adjudicated on the merits in the state court and the decisions of 
   the state courts regarding counsel's performance and any prejudice
   were not a result of an unreasonable application or contrary to clearly
   established law. 
  
993281P.pdf   09/28/2000  Kenneth Kenley  v.  Michael Bowersox
   U.S. Court of Appeals Case No:  99-3281
                          and No:  99-3440
   Eastern District of Missouri   
   Prisoner case - habeas. Writ of habeas corpus is not the remedy 
   for a failure of due process in state post-conviction proceedings, 
   as the attack on the constitutionality of the procedures used in 
   the post-conviction proceedings does not test the legality of 
   the sentence; even assuming that the due process claims was 
   cognizable under Section 2254, the district court erred in granting 
   habeas relief because the record does not support petitioner's 
   allegation that he was denied notice and an opportunity to be 
   heard in his post-conviction proceeding. Order granting habeas 
   relief reversed, and case remanded for consideration of two 
   claims concerning ineffective assistance of counsel