PARRATT, WARDEN OF THE NEBRASKA STATE PENITENTIARY

v.

HOLTAN

Citator

Cited By

• Ryder v. Morris, 752 F.2d 327 (8th Cir. 1985)
  …er at the sentence hearing or the 27.26 hearing, or to advise Ryder of the necessity of presenting exculpatory evidence, it is possible that Ryder received ineffective assistance of counsel. Holtan v. Parrat, 683 F. 2d 1163 (8th Cir.), cert. denied, 459 U.S. 1225, 103 S.Ct. 1231, 75 L.Ed.2d 466 (1983). Cf. Carpenter v. United States, 720 F. 2d 546, 547-48 (8th Cir. 1983). As the Supreme Court indicated in Strickland v. Washington, counsel has “the overarching duty to advocate the defendant’s cause ... to…
• United States v. Gordon "Butch" Earley, Jr., 746 F.2d 412 (8th Cir. 1984)
  …rs our consideration of that issue on a section 2255 motion, implying that Frady requires a showing of cause and actual prejudice in that situation also. Although we recognized in Holtan v. Parratt, 683 F. 2d 1163, 1167 (8th Cir.1982), cert. denied, 459 U.S. 1225, 103 S.Ct. 1231, 75 L.Ed.2d 466 (1983), that Frady might be so extended, we found it unnecessary to address the issue there,3 and we find it equally unnecessary to do so here. First, Frady is argued only most [*415] generally in the briefs. In addi…
• Holtan v. Black, 838 F.2d 984 (8th Cir. 1988)
  …prejudice had been shown. On appeal this court conditionally granted the writ of habeas corpus subject to the state court’s entertaining petitioner’s motion to withdraw his plea. Holtan v. Parratt, 683 F. 2d 1163, 1171 (8th Cir.1982), cert. denied, 459 U.S. 1225, 103 S.Ct. 1231, 75 L.Ed.2d 466 (1983). Holtan then filed a motion to withdraw his plea and this motion was denied. The Nebraska Supreme Court affirmed the trial court’s denial. State v. Holtan, 216 Neb. 594, 344 N.W. 2d 661 (1984). Petitioner then…