Legal Opinion
Timothy G. McGurk v. Donald Stenberg, Attorney General for the State of Nebraska Michael Thurber, Superintendent of the Lancaster County Jail
Court of Appeals for the Eighth Circuit
Decided December 10, 1998No. 97-4253PublishedCited by 106 opinions
1Opinion of the Court
HEANEY, Circuit Judge.
Timothy G. McGurk was charged with operating a motor vehicle while under the influence of alcohol (DWI) and was convicted upon a bench trial in the County Court of Lancaster County, Nebraska. Because this was McGurk’s third such offense, the court sentenced him to three months imprisonment, a five-hundred dollar fine, and a fifteen-year suspension of driving privileges. McGurk pursued direct and collateral relief in the Nebraska courts and then instituted proceedings for federal habeas relief under 28 U.S.C. § 2554. The district court declined to follow the magistrate’s…
2Cases cited32 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- United States v. CronicSupreme Court of the United States · 1984
- Arizona v. FulminanteSupreme Court of the United States · 1991
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3Cited by106 opinions
- State v. StrawSupreme Court of Iowa · 2006
- Commonwealth v. BasemoreSupreme Court of Pennsylvania · 2000
- People v. VaughnMichigan Supreme Court · 2012
- Gregory Lott v. Ralph Coyle, WardenCourt of Appeals for the Sixth Circuit · 2001
- Ernest Sutton Bell v. Mack Jarvis Robert SmithCourt of Appeals for the Fourth Circuit · 2000
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