eBook details
- Title: Monteer v. Benson
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 25, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
LARSON, Senior District Judge. Martin W. Monteer was convicted of robbing a bank by the use of deadly weapons, in violation of 18 U.S.C. § 2113(a) and (d), and sentenced to sixteen years imprisonment. His conviction was affirmed on appeal. United States v. Monteer, 512 F.2d 1047 (8th Cir.), cert. denied, 423 U.S. 855, 46 L. Ed. 2d 80, 96 S. Ct. 103 (1975). Monteer filed a motion to vacate sentence under 28 U.S.C. § 2255 on September 9, 1976. In support of his motion he alleged that the trial court erroneously instructed the jury, his arrest and the search and seizure of various items from his home violated his due process rights, his in-court identification by a witness violated his due process rights, and his trial attorneys gave him ineffective representation during his trial and appeal. Judge Hunter** dismissed the first three allegations without a hearing but scheduled a hearing on the final contention and appointed counsel to represent Monteer.