United States Eighth Circuit

Denial of a habeas petition following a conviction for possession of a controlled substance with intent to distribute and possession of marijuana is affirmed over claims of error regarding: 1) whether petitioner had a full and fair opportunity to litigate his Fourth Amendment claims in state courts; 2) whether the doctrine of collateral estoppel compelled a state court to honor a federal court's suppression of the evidence; and 3) whether any violation of petitioner's Fifth Amendment rights was harmless error.

Appellate Information

• Decided 08/16/2007
• Published 08/16/2007

Judges

• JOHN R. GIBSON, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary G. Colbath, Jr., argued, Assistant Federal Public Defender, Rapid City, South Dakota (Jeffrey L. Viken, on the brief), for appellant.


• For Appellees:
  
• Frank E. Geaghan, argued, Asst. Attorney General, Pierre, SD (Lawrence E. Long, on the brief), for appellee.