SCHAWITSCH v. BURT

No. 06-2476.

491 F.3d 798 (2007)

Michael L. SCHAWITSCH, Petitioner-Appellant, v. Jerry BURT, Warden, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 6, 2007.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Thomas G. Keiderling, Des Moines, IA.

Counsel who presented argument on behalf of the appellee was Robert P. Ewald, AAG, Des Moines, IA.

Before BYE, COLLOTON, and BENTON, Circuit Judges.


BYE, Circuit Judge.

In 1999 a state court jury convicted Michael L. Schawitsch of robbing, on two consecutive days, a convenience store and a restaurant. Iowa state courts rejected Schawitsch's appeals. Schawitsch raised two grounds in his petition for federal habeas corpus relief: ineffective assistance of counsel for failure to object to improper cross-examination; and a factual finding that a photo lineup was not suggestive or supported by clear and convincing...

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