United States Eighth Circuit

In habeas corpus proceedings following the Minnesota Supreme Court's affirmation of the revocation of petitioner's probation and the execution of her stayed 120 month sentence for aiding and abetting kidnapping, denial of the petition is affirmed where: 1) the state supreme court's conclusion that a Fields appeal was not a form of direct review under Minnesota law was not contrary to or an unreasonable application of clearly established federal law; and 2) Jimenez v. Quarterman, 129 S. Ct. 681 (2009), was not clearly established federal law at the time of the state supreme court's decision.

Appellate Information

• Decided 01/04/2010
• Published 01/04/2010

Judges

• MURPHY, Circuit Judge., Before MURPHY, SMITH, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bradford Colbert, argued, St. Paul, MN, for appellant.


• For Appellees:
  
• Kimberly Parker, AAG, argued, St. Paul, MN for appellee.