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United States Eighth Circuit


WEMARK v. STATE OF IOWA, 02-1755

A claim that a habeas petitioner's attorney had an actual conflict and that prejudice should be presumed under Cuyler v. Sullivan, 446 U.S. 335, in an ineffective assistance of counsel claim was not fairly presented to Iowa courts, and the claim was procedurally defaulted.

Appellate Information

  • Decided 03/17/2003
  • Published 03/17/2003

Judges

  • WOLLMAN, Circuit Judge., Before WOLLMAN, HEANEY, and MELLOY, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Alfredo Parrish, argued, Des Moines, IA, for appellant.

  • For Appellees:
  • Thomas W. Andrews, argued, Asst. Atty. Gen., Des Moines, IA, for appellee.
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