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Perkins v. Russo

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Before Lynch, Chief Judge, Boudin and Stahl, Circuit Judges.

Robert Perkins is currently serving a twenty-five-to-forty-year sentence in state prison for his conviction on charges related to the armed robbery, kidnapping and wounding of James Martin in 1993. Based on a certificate of appealability (“COA”), Perkins now appeals to this court from the district court’s denial of his petition for a writ of habeas corpus.

Evidence offered by the state at Perkins’ original trial indicated that Perkins and his brother Michael restrained and robbed Martin after Martin came to the Perkins’ house to visit Perkins’ sister Vanessa (Martin had earlier shown Vanessa a cash settlement of roughly $5,000 he had received the previous summer as the result of a car accident). Perkins and his brother then drove Martin to his parents’ home where Martin also lived; restrained his parents and stole jewelry, cash, and other valuables from the residence; and finally drove Martin to a desolate stretch of road, where they shot him several times before fleeing.

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