United States Eighth Circuit

Defendant failed to show cause for his failure to raise his Fourth Amendment claim at trial or on direct appeal. Although ineffective assistance of counsel can serve as a "cause" excusing a procedural default, defendant never presented his ineffective assistance claim to the Iowa Courts.

Appellate Information

• Decided 03/02/2004
• Published 03/02/2004

Judges

• MELLOY, Circuit Judge., Before BYE, JOHN R. GIBSON, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael J. Carroll, argued, West Des Moines, IA, for appellant.


• For Appellees:
  
• Robert P. Ewald, Assistant Attorney General, Des Moines, IA, for appellee.