DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073114P.pdf 10/08/2008 David Gingras v. Douglas Weber
U.S. Court of Appeals Case No: 07-3114
U.S. District Court for the District of South Dakota
[PUBLISHED] [Colloton, Author, with Murphy and Shepherd, Circuit Judges]
Prisoner case - habeas. Because Gingras's state court motion to
suppress his statements could not have prevailed, the fact that his attorney
misadvised him that the motion was still pending did not constitute
ineffective assistance of counsel because Gingras could not show that but
for counsel's error he would not have pleaded guilty; Gingras failed to
develop the factual predicate for his claim in state court proceedings, and
he was not entitled to an evidentiary hearing in federal court.