141090P.pdf   02/05/2015  Donroy Ghost Bear  v.  United States
   U.S. Court of Appeals Case No:  14-1090
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Kelly, Author, with Bye and Smith, Circuit Judges] 
   Prisoner case - Habeas. For the court's decision in Ghost Bear's direct 
   appeal, see U.S. v. Ghost Bear, 387 F. App'x 659 (8th Cir. 2010). The 
   court has previously declined to adopt a per se rule of ineffective 
   assistance of counsel where the defendant was represented by a trained and 
   qualified attorney, albeit one with licensing problems, and nothing here 
   suggests that Ghost Bear's attorney's licensing problems prevented him 
   from effectively representing Ghost Bear in his direct appeal; even if the 
   district court had been under some duty to research the attorney's 
   disciplinary record, at the relevant time the attorney was subject only to 
   two private Texas bar reprimands and was not required to notify future 
   clients until he was suspended several months after the district court 
   proceedings had concluded.