Frost v. McKune, et al
In 2005, a Kansas state court jury convicted Kenneth Frost of aggravated indecent liberties with a child in violation of Kansas state law. His attorney failed to obtain the child’s medical records, which could have been used to impeach the child’s mother and challenge the prosecution’s corroborative evidence. Frost moved for a new trial based on ineffective assistance of counsel. After conducting hearings, the state trial court denied the motion and sentenced Frost to 204 months in prison. The Kansas Court of Appeals (KCOA) affirmed. Although it determined that Frost’s trial counsel provided deficient performance by failing to request the child’s medical records, the KCOA concluded counsel’s performance did not prejudice Frost. The Kansas Supreme Court denied discretionary review. Frost then sought a writ of habeas corpus in federal court, arguing: (1) his attorney’s failure to investigate the child’s medical records violated his Sixth Amendment right to effective assistance of counsel; and (2) several other claims involving ineffective assistance and prosecutorial misconduct. The federal district court denied relief on the first ineffective assistance claim relating to the child’s medical records because of the deference owed to state court decisions on the merits under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The court dismissed Frost’s remaining claims as procedurally barred. It nonetheless issued Frost a Certificate of Appealability on “the [sole] issue [of] whether [Mr. Frost’s] trial counsel was unconstitutionally ineffective in failing to investigate the child’s medical records.” Frost appealed to the Tenth Circuit, arguing: (1) the district court incorrectly denied relief on the merits of his ineffective assistance claim; and (2) the Court should also grant relief on his procedurally barred claims. The Tenth Circuit affirmed the district court’s denial of habeas relief on the first issue. As to his second issue, the Court denied a COA on all remaining claims. View "Frost v. McKune, et al" on Justia Law
