Legal Opinion

Tyrane E. Phyle v. Walter Leapley, Warden, South Dakota State Penitentiary Mark W. Barnett, Attorney General, State of South Dakota

Court of Appeals for the Eighth Circuit

Decided September 18, 1995No. 94-3330PublishedCited by 7 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

South Dakota inmate Tyrane Phyle appeals the district court’s denial of his petition for a writ of habeas corpus. Phyle argues that his trial counsel provided constitutionally ineffective assistance by failing to object to testimony that Phyle had invoked his constitutional right to remain silent, by failing to object to testimony about Phyle’s prior bad acts, and by failing to request an inconsistent statement instruction. We affirm.

I

On the night of April 23, 1988, a masked man robbed Wolfe’s Liquor Store in Claire City, South Dakota. Two local residents had previously…

2Cases cited5 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Phyle v. LeapleySouth Dakota Supreme Court · 1992
  3. Edward L. Wing v. Willis Sargent, Warden, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1991
  4. State v. PhyleSouth Dakota Supreme Court · 1989
  5. Boyd Huls v. A.L. LockhartCourt of Appeals for the Eighth Circuit · 1992

3Cited by7 opinions

  1. Johnson v. WarrenDistrict Court, E.D. Michigan · 2004
  2. State v. WebsterMontana Supreme Court · 2005
  3. Robert E. Kennedy v. Bill Lockyer, Attorney General, State of CaliforniaCourt of Appeals for the Ninth Circuit · 2004
  4. United States v. Timothy WashingtonCourt of Appeals for the Eighth Circuit · 1999
  5. United States v. Timothy C. WashingtonCourt of Appeals for the Eighth Circuit · 1999

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