SERPENTFOOT

v.

ANTI-DEFAMATION LEAGUE OF B'NAI B'RITH ET AL.

Citator

Cited By

• Nelson v. Solem, 714 F.2d 57 (8th Cir. 1983)
  …on issue, nor was the district court required to hold a hearing on the issue since no facts were in dispute. Townsend v. Sain, 372 U.S. 293, 312, 83 S.Ct. 745, 756, 9 L.Ed.2d 770 (1963); Lindner v. Wyrick, 644 F. 2d 724, 729 (8th Cir.) cert. denied, 454 U.S. 872, 102 S.Ct. 345, 70 L.Ed.2d 178 (1981). Moreover, we conclude that the district court did not abuse its discretion in refusing to appoint counsel. III. Conclusion. The district court correctly concluded that the South Dakota courts have not yet had…
• Edgemon v. A.L. Lockhart, 768 F.2d 252 (8th Cir. 1985)
  …deferential. Id. at 2065. Dismissal of a petition without a hearing is proper if the allegations, even if true, fail to state a claim cognizable in a federal habeas corpus proceeding. Lindner v. Wyrick, 644 F. 2d 724, 729 (8th Cir.), cert. denied, 454 U.S. 872, 102 S.Ct. 345, 70 L.Ed.2d 178 (1981). Dismissal is also proper if the facts are not in dispute, or if the dispute can be resolved on the basis of the record. Id. However, the district court must grant an evidentiary hearing if the defendant pleads…