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.

032732P.pdf   09/07/2004  Gary Lynn Underdahl  v.  Terry Carlson
   U.S. Court of Appeals Case No:  03-2732
                          and No:  03-2738
   District of Minnesota   
   Prisoner case - habeas. District court correctly held that the Minnesota 
   Court of Appeals did not unreasonably apply clearly established federal 
   law when it determined Underdahl's counsel was not ineffective at trial; 
   decisions not to subpoena witness, to put Underdahl's character in issue 
   and not to introduce certain photos were all reasonable trial strategies; 
   district court erred in dismissing second petition for failure to exhaust 
   state remedies without giving Underdahl a chance to amend the petition 
   and proceed with his exhausted claims. 
   [PUBLISHED] [M. Arnold, Author, with Fagg and Riley, Circuit Judges]