UNDERDAHL v. CARLSON

Nos. 03-2732, 03-2738.

381 F.3d 740 (2004)

Gary Lynn UNDERDAHL, Appellant, v. Terry CARLSON, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 7, 2004.

Rehearing and Rehearing Denied October 18, 2004.


Attorney(s) appearing for the Case

Michael R. Schechter, argued, Wayzata, MN, for appellant.

Scott A. Buhler, argued, Crookston, MN (Greg Widseth of Crookston, MN, on the brief), for appellee.

Before: MORRIS SHEPPARD ARNOLD, FAGG, and RILEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied October 18, 2004.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Gary Underdahl appeals the district court's denial of his petitions for relief under 28 U.S.C. § 2254. We hold that the district court correctly concluded that the Minnesota Court of Appeals did not unreasonably apply clearly established federal law in deciding that Mr. Underdahl's counsel was not ineffective. We believe, however, that the district court erred...

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