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Dhaemers v. State of Minnesota

United States Court of Appeals, Eighth Circuit
Mar 15, 1972
456 F.2d 1291 (8th Cir. 1972)

Opinion

No. 71-1432.

March 15, 1972.

Whitney E. Tarutis, Bemidji, Minn., for appellant.

Henry W. McCarr, J., Asst. County Atty., Minneapolis, Minn., Warren R. Spannaus, Atty. Gen., St. Paul, Minn., George M. Scott, Hennepin County Atty., Minneapolis, Minn., for appellees.

Appeal from the United States District Court for the District of Minnesota.

Before MATTHES, Chief Judge, and LAY and ROSS, Circuit Judges.


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 of the State of Minnesota has fully and adequately considered petitioner's federal claims. No further evidentiary hearing is necessary.

Judgment affirmed.


Summaries of

Dhaemers v. State of Minnesota

United States Court of Appeals, Eighth Circuit
Mar 15, 1972
456 F.2d 1291 (8th Cir. 1972)
Case details for

Dhaemers v. State of Minnesota

Case Details

Full title:DAVID AUGUST DHAEMERS, APPELLANT, v. STATE OF MINNESOTA ET AL., APPELLEES

Court:United States Court of Appeals, Eighth Circuit

Date published: Mar 15, 1972

Citations

456 F.2d 1291 (8th Cir. 1972)

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