MILLER v. DORMIRE

No. 02-1918.

310 F.3d 600 (2002)

James MILLER, Appellee, v. Dave DORMIRE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 12, 2002.


Attorney(s) appearing for the Case

Stephen C. Hawke, Asst. MO Atty. Gen. (argued), Jefferson City, MO, for appellant.

Robert Herman (argued), St. Louis, MO, for appellee.

Before WOLLMAN, HEANEY and BYE, Circuit Judges.


HEANEY, Circuit Judge.

James Miller was charged in Missouri state court with trafficking six grams or more of a cocaine base substance in violation of Mo.Rev.Stat. § 195.223.3(2) (1994). He was convicted after a bench trial and sentenced as a persistent offender to twenty years imprisonment without the possibility of parole. After exhausting state court remedies, Miller sought federal habeas relief under 28 U.S.C. § 2254, alleging that trial counsel's waiver...

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