United States Eighth Circuit

District court's denial of plaintiff's petition for habeas corpus is affirmed where: 1) trial court's action in sending exhibits to the jury without plaintiff's counsel's present did not violate his Sixth Amendment right to counsel as the state court finding that the trial court would have sent exhibits to the jury even if plaintiff's counsel had been present was not contrary to nor an unreasonable application of Supreme Court precedent; and 2) counsel's failure to raise the issue in his motion for new trial did not constitute ineffective assistance of counsel, as plaintiff could not establish prejudice since there is no reasonable probability that the trial court would have changed its ruling had his attorney included the issue.

Appellate Information

• Decided 04/28/2009
• Published 04/28/2009

Judges

• BEAM, Circuit Judge., Before LOKEN, Chief Judge, BEAM and ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John William Simon, Constitutional Advocacy LLC, St. Louis, MO, argued, for appellant.


• For Appellees:
  
• Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, on the brief), for appellee.