Engesser v. Dooley , No. 11-3227 (8th Cir. 2012)
Annotate this CaseBefore the Eighth Circuit Court of Appeals was Defendant's second federal habeas petition. Defendant was convicted of vehicular homicide and vehicular battery by a South Dakota jury and was sentenced to twenty-five years imprisonment. Defendant claimed that his trial counsel was ineffective for not calling two exculpatory witnesses and that previously undiscoverable evidence showed that he was not the driver of the car involved in the accident. The district court granted Defendant a writ of habeas corpus. The Eighth Circuit reversed, holding that Defendant had not met the Antiterrorism and Effective Death Penalty Act of 1996's requirements to bring his successive petition. Remanded.
Court Description: Prisoner case - habeas. District court erred in granting Engesser habeas relief; Engesser could not satisfy the requirement of 28 U.S.C. Sec. 2244(b)(2)(B)(I) that the factual predicate for his ineffective assistance of counsel claim was not previously discoverable, and he cannot bring this claim in a successive petition.
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