Kraus v. KY Dep't of Corrs., No. 10-5262 (6th Cir. 2013)
Annotate this CaseIn two trials, juries in Livingston County, Kentucky convicted Kraus of first-degree rape, sodomy, and sexual abuse involving two mentally delayed women. He is serving a prison sentence of 70 years with a life enhancement. After exhausting direct appeals and pursuing state court motions for post-conviction relief, Kraus filed two pro se petitions for a writ of habeas corpus, 28 U.S.C. 2254. The district court denied the petitions. Although the district court declined to issue a certificate of appealability, a Rule 34 panel granted Kraus a COA to review a narrow selection of claimed errors. The Sixth Circuit reversed and remanded. Kraus’s petitions “highlight serious concerns about his ability to confront the key witnesses at his trials, the sufficiency of the evidence supporting his convictions, and the competency of his counsel at the sentencing phase.” But, despite court orders, the court was not provided with any records of Kraus’s two trials, precluding meaningful review of Kraus’s claims.
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