Certiorari Denied

320 Citing cases

  1. Whitepipe v. Weber

    536 F. Supp. 2d 1070 (D.S.D. 2007)   Cited 7 times

    Whitepipe objects to the Court's determinations that the appointment of counsel and an evidentiary hearing are not warranted or necessary. Whitepipe has no constitutional or statutory right to counsel in a habeas proceeding such as this one. Morris v. Dormire, 217 F.3d 556, 558 (8th Cir.), cert. denied, 531 U.S. 984 (2000). His § 2254 petition does not raise complex legal and factual issues or ones that require further fact investigation.

  2. Sanders v. Norris

    529 F.3d 787 (8th Cir. 2008)   Cited 38 times   1 Legal Analyses
    Holding that the county coroner who retrieved and autopsied the victims in the defendant's murder trial did not fall within a category of jurors presumed biased as a matter of law

    Mr. Sanders does not need a certificate of appealability to challenge the district court's denial of his motion for appointment of counsel. Morris v. Dormire, 217 F.3d 556, 558 (8th Cir. 2000), cert. denied, 531 U.S. 984, 121 S.Ct. 439, 148 L.Ed.2d 445 (2000). When Mr. Sanders filed his § 2254 petition, he also asked the court to grant him in forma pauperis status and to appoint counsel for him. Although the district court allowed Mr. Sanders to proceed in forma pauperis, the court denied his request for counsel after taking into account the relevant considerations, see McCall v. Benson, 114 F.3d 754, 756 (8th Cir. 1997).

  3. Npimnee v. Settles

    8:24CV130 (D. Neb. Mar. 5, 2025)

    As a general rule, counsel will not be appointed unless the case is unusually complex or the petitioner's ability to investigate and articulate the claims is unusually impaired or an evidentiary hearing is required. See, e.g., Morris v. Dormire, 217 F.3d 556, 558-59 (8th Cir. 2000), cert. denied, 531 U.S. 984 (2000); Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). See also Rule 8(c) of the Rules Governing Section 2254 Cases in the United States District Courts (requiring appointment of counsel if an evidentiary hearing is warranted).

  4. Buffington v. Jeffreys

    8:23CV558 (D. Neb. Feb. 20, 2025)

    As a general rule, counsel will not be appointed unless the case is unusually complex or the petitioner's ability to investigate and articulate the claims is unusually impaired or an evidentiary hearing is required. See, e.g., Wiseman v. Wachendorf, 984 F.3d 649, 655 (8th Cir. 2021); Morris v. Dormire, 217 F.3d 556, 558-59 (8th Cir. 2000), cert. denied, 531 U.S. 984 (2000); Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). See also Rule 8(c) of the Rules Governing Section 2254 Cases in the United States District Courts (requiring appointment of counsel if an evidentiary hearing is warranted).

  5. Brown v. Lewien

    4:24CV3153 (D. Neb. Feb. 18, 2025)

    As a general rule, counsel will not be appointed unless the case is unusually complex or the petitioner's ability to investigate and articulate the claims is unusually impaired or an evidentiary hearing is required. See, e.g., Wisemanv. Wachendorf, 984 F.3d 649, 655 (8th Cir. 2021); Morris v. Dormire, 217 F.3d 556, 558-59 (8th Cir. 2000), cert. denied, 531 U.S. 984 (2000); Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). See also Rule 8(c) of the Rules Governing Section 2254 Cases in the United States District Courts (requiring appointment of counsel if an evidentiary hearing is warranted).

  6. Titus v. Jeffreys

    8:23CV36 (D. Neb. Feb. 4, 2025)

    As a general rule, counsel will not be appointed unless the case is unusually complex or the petitioner's ability to investigate and articulate the claims is unusually impaired or an evidentiary hearing is required. See, e.g., Morris v. Dormire, 217 F.3d 556, 558-59 (8th Cir. 2000), cert. denied, 531 U.S. 984 (2000); Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). See also Rule 8(c) of the Rules Governing Section 2254 Cases in the United States District Courts (requiring appointment of counsel if an evidentiary hearing is warranted).

  7. Swanson v. State

    8:24CV396 (D. Neb. Jan. 13, 2025)

    As a general rule, counsel will not be appointed unless the case is unusually complex or the petitioner's ability to investigate and articulate the claims is unusually impaired or an evidentiary hearing is required. See, e.g., Morris v. Dormire, 217 F.3d 556, 558-59 (8th Cir. 2000), cert. denied, 531 U.S. 984 (2000); Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). See also Rule 8(c) of the Rules Governing Section 2254 Cases in the United States District Courts (requiring appointment of counsel if an evidentiary hearing is warranted).

  8. Brown v. Lewien

    4:24CV3153 (D. Neb. Nov. 27, 2024)

    As a general rule, counsel will not be appointed unless the case is unusually complex or the petitioner's ability to investigate and articulate the claims is unusually impaired or an evidentiary hearing is required. See, e.g., Wisemanv. Wachendorf, 984 F.3d 649, 655 (8th Cir. 2021); Morris v. Dormire, 217 F.3d 556, 558-59 (8th Cir. 2000), cert. denied, 531 U.S. 984 (2000); Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). See also Rule 8(c) of the Rules Governing Section 2254 Cases in the United States District Courts (requiring appointment of counsel if an evidentiary hearing is warranted).

  9. Dewey v. Jeffereys

    4:24CV3087 (D. Neb. Oct. 31, 2024)

    As a general rule, counsel will not be appointed unless the case is unusually complex or the petitioner's ability to investigate and articulate the claims is unusually impaired or an evidentiary hearing is required. See, e.g., Wiseman v. Wachendorf, 984 F.3d 649, 655 (8th Cir. 2021); Morris v. Dormire, 217 F.3d 556, 558-59 (8th Cir. 2000), cert. denied, 531 U.S. 984 (2000); Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). See also Rule 8(c) of the Rules Governing Section 2254 Cases in the United States District Courts (requiring appointment of counsel if an evidentiary hearing is warranted).

  10. Hernandez v. Jeffereys

    8:24CV121 (D. Neb. Oct. 31, 2024)

    As a general rule, counsel will not be appointed unless the case is unusually complex or the petitioner's ability to investigate and articulate the claims is unusually impaired or an evidentiary hearing is required. See, e.g., Wiseman v. Wachendorf, 984 F.3d 649, 655 (8th Cir. 2021); Morris v. Dormire, 217 F.3d 556, 55859 (8th Cir. 2000), cert. denied, 531 U.S. 984 (2000); Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). See also Rule 8(c) of the Rules Governing Section 2254 Cases in the United States District Courts (requiring appointment of counsel if an evidentiary hearing is warranted).