U.S. Court of Appeals for the Eighth Circuit
Robert W. Odem v. Frank X. Hopkins, Warden, Thomas J. Miller, Attorney General of the State of Iowa
This writing
- Type
- Opinion
- Filed
- Sept. 10, 2004
- Case
- Robert W. Odem v. Frank X. Hopkins, Warden, Thomas J. Miller, Attorney General of the State of Iowa
- Case status
- Decided
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Opening text
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DORR, District Judge. Appellants appeal from the decision of the district court granting Robert W. Odem’s amended petition for habeas corpus relief on a claim of ineffective assistance of counsel. For the reasons stated below, we reverse the district court. I. Background Robert W. Odem (“Odem”) was convicted of two counts of first degree murder for the murders of Bill and Kimberly Smith and received a sentence of life without the possibility of parole. Odem filed a direct appeal, which was denied, and a state post-conviction action, which was also denied, as was the related appeal. Odem filed a second state postconviction action and appeal, which were both denied. Odem then filed this action, pursuant to 28 U.S.C. § 2254 , on August 24, 1992, and filed an amended petition on September 23,1996. The district court granted relief on a Brady claim and held that the prosecution failed to disclose evidence relating to a head hair found in a red jacket owned by Odem’s brother. On appeal, this Court allowed the record to be expanded to include evidence that showed the information concerning the jacket had been dis *848 closed to Odem’s counsel prior to his trial. The case was then remanded…
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