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United States Eighth Circuit


Noe v. US, 08-2057

In habeas proceedings arising from a drug conspiracy conviction and sentence, denial of petitioner's habeas petition is affirmed where: 1) the district court's determination that defendant and his codefendant were represented by independent counsel was not clearly erroneous; 2) petitioner claimed that defense counsel's failure to pursue a split conspiracy defense or to "point the finger" at the codefendant established an actual conflict, but he did not show that these strategies were objectively reasonable; and 3) petitioner made a knowing, voluntary, and intelligent waiver of his right to conflict-free assistance of counsel.

Appellate Information

  • Decided 04/08/2010
  • Published 04/08/2010

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Court

  • United States Eighth Circuit

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