ALIDANI v. DOOLEY

No. 03-1372.

365 F.3d 635 (2004)

Moyad Abdullah ALIDANI, Appellant, v. Bob DOOLEY, Warden of the Durfee State Prison, Springfield, South Dakota, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 23, 2004.


Attorney(s) appearing for the Case

Steven K. Rabuck, argued, Sioux Falls, SD, for appellant.

Grant Gormley, argued, Pierre, SD (Lawrence E. Long, on the brief), for appellee.

Before RILEY and RICHARD S. ARNOLD, Circuit Judges, and HOVLAND, District Judge.


HOVLAND, District Judge.

Moyad Abdullah Alidani appeals the denial of his 28 U.S.C. § 2254 habeas corpus petition. Alidani claims that the district court2 erred by dismissing his petition and that he was denied due process and a fair trial due to the trial judge's comments and the ineffective assistance of counsel because his attorney failed to make an immediate motion for mistrial based on the trial

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