United States Eighth Circuit

Denial of habeas relief from a conviction for possession of marijuana with intent to distribute is affirmed over a claim of ineffective assistance of counsel in relation to an allegedly coerced confession by petitioner where: 1) the facts that were found supported a conclusion that both a Miranda waiver and petitioner's admissions themselves were knowing and voluntary; 2) thus, his ineffective-assistance claim failed, because even if counsel had proceeded differently, there was no reasonable probability that a motion to suppress statements would have been granted; and 3) there was no error in denying his request for an evidentiary hearing at which he could develop his claim.

Appellate Information

• Decided 10/08/2008
• Published 10/08/2008

Judges

• COLLOTON, Circuit Judge., Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John R. Murphy (argued), Rapid City, SD, for appellant.


• For Appellees:
  
• Gary Campbell, A.A.G. (argued), Pierre, SD, for appellee.