United States Eighth Circuit

In a murder prosecution, the dismissal of petitioner's habeas petition is affirmed where: 1) petitioner was attempting to raise a new claim in federal court that he failed to present in state court; and 2) petitioner failed to demonstrate either cause and prejudice or a fundamental miscarriage of justice that would permit us to review his defaulted federal claim.

Appellate Information

• Decided 06/07/2010
• Published 06/07/2010

Judges

• GRUENDER, Circuit Judge., Before LOKEN, Chief Judge,COLLOTON and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jonathan P. Schmidt, argued, Daniel John Supalla, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• Nicole Erin Nee, Assistant Dakato County Attorney, argued, Hasting, MN, James C. Backstrom, Dakota County Attorney, on the brief, Hastings, MN, Lori Swanson, AG, on the brief, St. Paul, MN, for appellee.