DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

021755P.pdf   03/17/2003  Robert E. Wemark  v.  State of Iowa
   U.S. Court of Appeals Case No:  02-1755
   Northern District of Iowa   
   Prisoner case - habeas. Claim that Wemark's attorney had an 
   actual conflict and that prejudice should be presumed under 
   Cuyler v. Sullivan, 446 U.S. 335 (1980), for purposes of his 
   ineffective-assistance-of-counsel claim had not been fairly 
   presented to the Iowa state courts, and the claim was 
   procedurally defaulted; as Cuyler was decided before the 
   filing of Wemark's post-conviction relief proceeding, he 
   could not establish cause for his failure to raise the claim 
   in the state proceedings.