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901 F.2d 670

Docket No. 89-1684.

Thompson v. Purkett

Eighth Circuit Court of Appeals

Submitted Feb. 14, 1990.

Decided April 18, 1990.

Eighth Circuit Court of Appeals · decided 1990-04-18

Cited by 1 later decisions — most recently April 1990

1 federal appellate ·

2 counsel of record

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

Relies on Strickland v. Washington

Good law ✅— No negative treatment on recordhow we know

Decided 1990-04-18

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¶1Mark F. Krause, Kansas City, Mo., for appellant.

¶2Anne E. McIntosh, Jefferson City, Mo., for appellees.

¶3Before McMILLIAN, FAGG, Circuit Judges, and STROM,* Chief Judge.

¶5STROM, Chief Judge.

¶6John Thompson appeals the denial of a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He alleges ineffective assistance of counsel in trial counsel’s failure to call certain witnesses. Thompson was convicted of burglary in Missouri state court based on eyewitness identification. The eyewitness identification was based *671partially upon missing teeth. Appellant asserts that the testimony of the witnesses could have established that he lost his teeth in a boating accident which occurred subsequent to the eyewitness identification.

¶7To succeed on a claim of ineffective assistance of counsel, appellant must demonstrate that his counsel’s representation fell below an objective standard of reasonableness. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). He must also show that the attorney’s deficient performance prejudiced his defense. Id. at 687, 104 S.Ct. at 2064. In order to make that showing, appellant must demonstrate that, but for counsel’s unprofessional errors, there is a reasonable likelihood that the outcome of his trial would have been different. Id.Appellant has failed to meet this test.

¶8We have reviewed the record and conclude that an opinion would have no prece-dential value. We affirm for the reasons stated in the district court opinion. See 8th Cir.R. 14.

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