United States Eighth Circuit

In a criminal sexual conduct case, denial of habeas relief for petitioner and dismissal of his 28 U.S.C. section 2254 petition are affirmed over claims that: 1) a Spreigl witness testified falsely as to defendant's prior sexual misconduct during his trial; and 2) the state withheld exculpatory evidence regarding a witness's prompted identification in violation of Brady.

Appellate Information

• Decided 11/30/2006
• Published 11/30/2006

Judges

• BYE, Circuit Judge., Before BYE, ARNOLD and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas Wayne Evenstad, Stillwater, MN, pro se., Jenny Chaplinski, Chaplinski Law Office, St. Cloud, MN, for Petitioner-Appellant.


• For Appellees:
  
• Thomas R. Ragatz, Attorney General's Office Appeals Division, J. Michael Richardson, St. Paul, MN, Amy Jean Klobuchar, Hennepin County Attorney's Office, Minneapolis, MN, for Respondent-Appellee.