U.S. Court of Appeals for the Eighth Circuit, 1996

Milton Weir v. State of Iowa

Milton Weir v. State of Iowa
U.S. Court of Appeals for the Eighth Circuit · Decided May 22, 1996

Milton Weir v. State of Iowa

Opinion

_____________ No. 95-3801SI _____________ Milton Weir, * * Appellant, * Appeal from the United States * District Court for the Southern v. * District of Iowa. * State of Iowa, * [UNPUBLISHED] * Appellee. * _____________ Submitted: May 17, 1996 Filed: May 22, 1996 _____________ Before McMILLIAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _____________

PER CURIAM.

Milton Weir appeals the district court's denial of his 28 U.S.C. § 2254 petition. Weir contends the district court incorrectly decided that review of Weir's search warrant claim was precluded by Stone v. Powell, 428 U.S. 465 (1976), and Willett v. Lockhart, 37 F.3d 1265 (8th Cir. 1994).

Weir also contends his trial counsel provided ineffective assistance.

Because the controlling legal principles are clear and are easily applied to Weir's circumstances, we believe an opinion would lack precedential value. Having carefully reviewed the record and the parties' briefs, we conclude the judgment of the district court was correct. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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