United States Eighth Circuit

Given evidence against defendant, witness's in-court identification could only have been harmless error; so defendant could not show ineffective assistance of counsel from prejudice by deficient performance of appellate counsel for failing to raise and brief the claim of unreliable identification.

Appellate Information

• Decided 02/15/2001
• Published 02/15/2001

Judges

• MURPHY, Circuit Judge., Before WOLLMAN, Chief Judge, HANSEN, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen C. Rothenberg, argued, St. Louis, MO, for Appellant.


• For Appellees:
  
• Emily W. Little, Asst. U.S. Atty. General, argued, Jefferson City, MO (Jeremiah W. Nixon, Missouri Atty. General, Cassandra K. Dolgin, Asst. Atty. General, on the brief), for Appellee.