Thompson v. McManus
| Decision Date | 09 June 1975 |
| Docket Number | No. 74-1568,74-1568 |
| Parties | T. Eugene THOMPSON, Petitioner-Appellant, v. Bruce McMANUS, Warden, Minnesota State Prison, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Peter J. Thompson, Community Defender, Minneapolis, Minn., for petitioner-appellant.
Counsel for respondent-appellee was not present when the case was submitted to the Court.
Before JOHNSEN, Senior Circuit Judge, and STEPHENSON and WEBSTER, Circuit Judges.
Petitioner-appellant T. Eugene Thompson appeals from a denial of habeas corpus relief by the district court. 1 Thompson, an inmate of the Minnesota State Prison since 1963, is serving a life sentence after conviction of the charge of causing the murder of his wife. He asserts he is held in custody in violation of his federal constitutional rights because: (1) Prejudicial pretrial publicity, which continued during his trial, prevented a fair trial; (2) the prosecutor used evidence obtained by an illegal search and seizure; (3) the prosecutor failed to disclose exculpatory evidence; (4) the state court failed to grant a new trial on the basis of newly discovered evidence; (5) the petitioner was denied the right to confront witnesses because hearsay evidence was admitted; (6) the grand jury considered hearsay evidence; and (7) appellant, was denied the effective assistance of counsel. We affirm on the basis of the district court's comprehensive opinion reported at 377 F.Supp. 589.
After a change in venue from Ramsey to Hennepin County, the appellant was tried and convicted of first degree murder. The jury conviction was affirmed by the Minnesota Supreme Court. State v. Thompson, 273 Minn. 1, 139 N.W.2d 490, cert. denied, 385 U.S. 817, 87 S.Ct. 39, 17 L.Ed.2d 56 (1966). Appellant sought relief by petition for writ of habeas corpus , but the action was premature and was dismissed without prejudice for failure to exhaust state remedies. Thompson v. Tahash, 286 F.Supp. 663 (D.Minn.1968). Thereafter, lengthy post-conviction relief hearings were held, but relief was denied. The Minnesota Supreme Court affirmed. Thompson v. State, 289 Minn. 270, 183 N.W.2d 771 (1971). Subsequently, the present § 2254 proceeding was instituted. A hearing was held at which testimony in deposition form was received, exhibits filed, the records of all prior proceedings made available, extensive briefs submitted, and oral arguments presented.
The facts of the case are fairly summarized by the Minnesota Supreme Court in State v. Thompson, 273 Minn. 1, 139 N.W.2d 490 (1966), and, where applicable to the points raised, further summarized in the district court's opinion.
The contentions raised by the appellant in this appeal were thoroughly ventilated by the district court. Thompson v. McManus, 377 F.Supp. 589 (D.Minn.1974).
Brief additional comments will be made with respect to appellant's contention that illegally seized evidence and the fruits thereof were admitted in his trial.
Mrs. Thompson was assaulted in her home between 8:30 and 9:00 a. m. on March 6, 1963. She struggled to the residence of her neighbor (Mrs. Nelson), from where the police were called. They arrived about 9:15 a. m. and entered the Thompson home through an open front door. Among other things, they noted a large pool of blood in the front entryway, drawers of a nightstand open, drawers of a closet chest of drawers open, and blood and disarray in the master bedroom. Finding no assailant or other victim, they left the house, sealed it off to the public by posting guards, and awaited the arrival of crime-lab specialists. Within a short while the investigative unit arrived and made a thorough search. It is the evidence seized during this alleged second search that is the basis of appellant's objection.
Appellant was at his law office when he was contacted by the Nelsons. He drove to the Nelson...
To continue reading
Request your trial
-
U.S. v. Rogers
...circumstances justified the search. See Warden v. Hayden,387 U.S. 294, 298-99, 87 S.Ct. 1642, 18 L.Ed.2d 782 (1967); Thompson v. McManus, 512 F.2d 769, 770 (8th Cir.), cert. denied, 421 U.S. 1014, 95 S.Ct. 2421, 44 L.Ed.2d 683 (1975). In addition, because the search occurred on Fort Chaffee......
-
State v. Geisler
...of the red Peugeot, within the house and, according to their testimony, in need of immediate medical assistance. Compare Thompson v. McManus, 512 F.2d 769 (8th Cir.), cert. denied, 421 U.S. 1014, 95 S.Ct. 2421, 44 L.Ed.2d 683 (1975) (police justified in entering home of woman assaulted in t......
-
State v. Koedatich
...defendant told police he did not care if they searched bag because it was not his and he had picked it up by mistake); Thompson v. McManus, 512 F.2d 769 (8th Cir.) (cooperative defendant assisted police by discussing robbery as motive for brutal assault on wife: sufficient to imply consent ......
-
State v. Johnson
...reasonable cause to briefly search for additional victims. Tamborino, 226 Cal.Rptr. 868, 719 P.2d at 245; see also Thompson v. McManus, 512 F.2d 769, 770 (8th Cir.1975) (holding that a search of a home for additional victims reasonable where a woman assaulted in her home had struggled to a ......