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.

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.