BRANTLEY

v.

UNITED STATES

Citator

Cited By

• Davis v. Wyrick, 766 F.2d 1197 (8th Cir. 1985)
  …r hearing in the state court. There was no need for a federal district court to hold a second hearing.9 Stewart v. Missouri Bd. of Probation, 712 F. 2d 378 (8th Cir.1983) (per curiam); Mitchell v. Wyrick, 698 F. 2d 940, 944 (8th Cir.), cert. denied, 462 U.S. 1135, 103 S.Ct. 3120, 77 L.Ed.2d 1373 (1983). Moreover, “[a] habeas corpus petition may be properly dismissed without a hearing where facts are not in dispute or where the dispute can be resolved on the basis of the record.” Riley v. Lockhart, 726 F. 2d…
• Otey v. Grammer, 859 F.2d 575 (8th Cir. 1988)
  …d 966, 969 (3d Cir.), cert. denied, 474 U.S. 857, 106 S.Ct. 163, 88 L.Ed.2d 135 (1985). Cf. Mitchell v. Wyrick, 698 F. 2d 940, 941 (8th Cir.) (“Mere absence of a perfect transcript does not necessarily deny one due process of law.”), cert. denied, 462 U.S. 1135, 103 S.Ct. 3120, 77 L.Ed.2d 1373 (1983). E. Otey next argues that his right to effective assistance of counsel was violated when counsel allegedly commented in his opening statement that Otey would testify on his own behalf when this decision had…
• Walton v. Caspari, 916 F.2d 1352 (8th Cir. 1990)
  …ing is specifically not required where a record of the alleged error was made in state court and the district court independently reviewed the transcript of the state court proceeding. Mitchell v. Wyrick, 698 F. 2d 940, 944 (8th Cir.), cert. denied, 462 U.S. 1135, 103 S.Ct. 3120, 77 L.Ed.2d 1373 (1983). In the present case, the prosecutor offered his reasons for striking the African-American venirepersons on the record, and the magistrate and the district court each independently reviewed the state court r…