Legal Opinion
Gary Lynn Underdahl v. Terry Carlson, Warden
Court of Appeals for the Eighth Circuit
Decided October 18, 2004No. 03-2732, 03-2738PublishedCited by 14 opinions
1Opinion of the Court
MORRIS SHEPPARD ARNOLD, Circuit Judge.
Gary Underdahl appeals the district court’s denial of his petitions for relief under 28 U.S.C. § 2254. We hold that the district court correctly concluded that the Minnesota Court of Appeals did not unreasonably apply clearly established federal law in deciding that Mr. Underdahl’s counsel was not ineffective. We believe, however, that the district court erred in dismissing one of Mr. Underdahl’s petitions, and we remand to allow him an opportunity to amend that petition and to proceed with his exhausted claims.
I
Mr. Underdahl was charged with nine…
2Cases cited6 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Rose v. LundySupreme Court of the United States · 1982
- Bell v. ConeSupreme Court of the United States · 2002
- Anthony Williams v. Michael Bowersox, Superintendent, PccCourt of Appeals for the Eighth Circuit · 2003
- Samar Akins v. Michael L. Kenney, Warden of the Nebraska State PenitentiaryCourt of Appeals for the Eighth Circuit · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- White v. DingleCourt of Appeals for the Eighth Circuit · 2010
- Gary Lynn Underdahl v. Terry CarlsonCourt of Appeals for the Eighth Circuit · 2006
- Hamilton v. RoehrichDistrict Court, D. Minnesota · 2009
- Shaw v. DWYEARDistrict Court, E.D. Missouri · 2008
- Brown v. JenningsDistrict Court, E.D. Missouri · 2021
9 more not listed; retrieve them via the Exa API.