PHYLE v. LEAPLEY

No. 94-3330.

66 F.3d 154 (1995)

Tyrane E. PHYLE, Plaintiff-Appellant, v. Walter LEAPLEY, Warden, South Dakota State Penitentiary; Mark W. Barnett, Attorney General, State of South Dakota, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed September 18, 1995.


Attorney(s) appearing for the Case

Steven R. Binger, Sioux Falls, SD, for appellant.

Scott M. Bogue, Pierre, SD, for appellees.

Before McMILLIAN, LAY, and LOKEN, Circuit Judges.


LOKEN, Circuit Judge.

South Dakota inmate Tyrane Phyle appeals the district court's denial of his petition for a writ of habeas corpus. Phyle argues that his trial counsel provided constitutionally ineffective assistance by failing to object to testimony that Phyle had invoked his constitutional right to remain silent, by failing to object to testimony about Phyle's prior bad acts, and by failing to request an inconsistent statement instruction. We affirm.

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