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785 F.2d 649

Docket No. 85-1832.

Dandridge v. Black

Eighth Circuit Court of Appeals

Submitted Feb. 14, 1986.

Decided March 13, 1986.

Eighth Circuit Court of Appeals · decided 1986-03-13

Cited by 1 later decisions — most recently March 1986

1 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on State v. Dandridge

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1986-03-13

View the full empirical analysis of this case →

¶1William M. Berlowitz, Lincoln, Neb., for appellant.

¶2Sharon M. Lindgren, Asst. Atty. Gen., Lincoln, Neb., for appellee.

¶3Before LAY, Chief Judge, ROSS and WOLLMAN, Circuit Judges.

¶4PER CURIAM.

¶5Geary L. Dandridge appeals the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. After a jury trial, appellant was convicted of robbery and use of a firearm in the commission of a felony as well as being an habitual criminal. He was sentenced to consecutive prison terms of ten years on each count. His conviction and sentence were affirmed on appeal to the Nebraska Supreme Court. See State v. Dandridge, 209 Neb. 885, 312 N.W.2d 286 (1981).

¶6In his petition for a writ of habeas corpus, appellant asserted that he was denied due process by a variety of alleged trial errors as well as the prosecutor’s failure to disclose certain allegedly exculpatory discovery material. Appellant also challenged his sentence as excessive and as in violation of Nebraska law.

¶7The district court referred the matter to a United States magistrate who thoroughly reviewed all of appellant’s claims. The district court approved and adopted the magistrate’s report and recommendation, con-*650eluding de novo that appellant’s claims were without constitutional merit.

¶8We have carefully studied the record, including the magistrate’s and district court’s opinions and the parties’ briefs and arguments. We find that the judgment of the district court is based on findings of fact that are not clearly erroneous and that no error of law appears. Accordingly, we affirm on the basis of the district court’s opinion. See 8TH CIR.R. 14.

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