Johnny Kash Bryant v. Janet Dowling

Tulsa, Oklahoma criminal defense lawyer represented Plaintiff seeking post conviction relief.





Johnny Kash Bryant was convicted in Oklahoma state court of molesting the 6-year-old daughter of his former stepdaughter. See Okla. Stat. tit. 21 § 1123. After unsuccessfully pursuing a direct appeal and postconviction proceedings in state court, Mr. Bryant sought relief under 28 U.S.C. § 2254 in the United States District Court for the Northern District of Oklahoma. The district court denied relief but granted a certificate of appealability (COA), see 28 U.S.C. § 2253(c)(1) (requiring COA to appeal denial of relief under § 2254), on several issues relating to his claims of prosecutorial misconduct-that the prosecutor knowingly put on perjured testimony by the victim and her mother and that the prosecutor improperly told the jury to convict him not only on the charge of molesting the victim but also because of his molestation of his former stepdaughter. Exercising jurisdiction under 28 U.S.C. §§ 1291 and 2253, we affirm the district court's denial of relief. The state court reasonably ruled that the prosecutor did not knowingly put on perjured testimony and that the prosecutor's statements did not deny Mr. Bryant a fair trial.

Affirmed.