ENGESSER v. DOOLEY

No. 11-3227.

686 F.3d 928 (2012)

Oakley Bernard ENGESSER, Petitioner/Appellee, v. Robert DOOLEY, Warden, Yankton Minimum Unit, Respondent/Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 27, 2012.


Attorney(s) appearing for the Case

Sherri Sundem Wald , AG, argued, Pierre, SD, for appellant.

Michael James Butler , argued, Ronald A. Parsons, Jr. , on the brief, Sioux Falls, SD, for appellee.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.


MURPHY, Circuit Judge.

Before the court is Oakley Bernard Engesser's second federal habeas petition. Engesser was convicted of vehicular homicide and vehicular battery by a South Dakota jury and was sentenced to 25 years imprisonment. He claims that his trial counsel was ineffective for not calling two exculpatory witnesses and that previously undiscoverable evidence shows that he was not the driver of the car involved in the accident. The district court granted the...

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