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David August Dhaemers v. State of Minnesota

David August DHAEMERS, Appellant, v. STATE OF MINNESOTA Et Al., Appellees

Dhaemers v. Minnesota, 456 F.2d 1291 (8th Cir. 1972)
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Court
Court of Appeals for the Eighth Circuit · U.S. Courts of Appeals
Decided
March 15, 1972
Docket
No. 71-1432
Judges
Matthes, Lay, Ross
Citations
456 F.2d 12911972 U.S. App. LEXIS 10739

Opinion — Per Curiam

PER CURIAM.

Appeal was taken by petitioner from the federal district court’s denial of a writ of habeas corpus. The district court denied a writ of habeas corpus to David August Dhaemers, a state prisoner, for the reasons set out in the decisions of the Minnesota Supreme Court. Dhaemers v. State, 286 Minn. 250 , 175 N.W.2d 457 (1970) (post-conviction) and State v. Dhaemers, 276 Minn. 332 , 150 N.W.2d 61 (1967). This appeal followed.

We have reviewed the entire record and case law. Petitioner’s claim that his amnesia on the day of the offense is proof of his incompetency to provide assistance to his trial counsel is not dispositive of the issue. See United States v. Sullivan, 406 F.2d 180 (2 Cir. 1969). We agree that the Supreme Court *1292 of the State of Minnesota has fully and adequately considered petitioner’s federal claims. No further evidentiary hearing is necessary.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1978: 11985: 119782026peak 1978 · 1

Relies on it most ⓘ

  1. United States v. Robert Hilton Swanson and Jack Lavoied Phipps572 F.2d 523 (5th Cir. 1978)
  2. James Michael Davis v. Donald Wyrick766 F.2d 1197 (8th Cir. 1985)

Most recent

  1. James Michael Davis v. Donald Wyrick766 F.2d 1197 (8th Cir. 1985)
  2. United States v. Robert Hilton Swanson and Jack Lavoied Phipps572 F.2d 523 (5th Cir. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
State v. Dhaemers, 150 N.W.2d 61 (Minn. 1967) 16
Dhaemers v. State, 175 N.W.2d 457 (Minn. 1970) 2
United States v. Sullivan, 406 F.2d 180 (2d Cir. 1969) 43

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