Edward M. Cooper v. Gothriel J. LaFleur

Eighth Circuit

Edward M. Cooper v. Gothriel J. LaFleur

7 F. App'x 539

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 4, 2001

Docket00-2372

StatusUnpublished

Cited by1 cases

This text of 7 F. App'x 539 (Edward M. Cooper v. Gothriel J. LaFleur) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Edward M. Cooper v. Gothriel J. LaFleur, 7 F. App'x 539 (8th Cir. 2001).

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Opinion

PER CURIAM.

Edward Cooper was convicted of kidnaping and sexually assaulting a twelve-year-old girl. Cooper has been deaf since childhood. His primary language is American Sign Language (ASL), although he has a rudimentary knowledge of English. Cooper alleges that his attorney, David Redburn, provided ineffective assistance of counsel for two reasons. First, Redburn, who had no experience with deaf individuals, only had an ASL interpreter present for three pre-trial meetings. These meetings constituted approximately one-third of the total pre-trial meetings. Second, Cooper argues that Redburn had a conflict of interest because the Government’s first witness — the victim’s mother — was represented in a divorce by one of Redburn’s legal partners.

Cooper’s petition for post-conviction relief was denied by the Minnesota courts. See Cooper v. State, 565 N.W.2d 27 (Minn. Ct.App.1997). Cooper then sought a writ of habeas corpus under 28 U.S.C. § 2254(a) in federal district court, the Honorable John R. Tunheim, presiding. The federal district court denied relief based in part on the Magistrate Judge’s report and recommendation. We affirm the dismissal of the petitioner’s habeas claim based upon the well-reasoned opinion of the district court. See 8th Cir. R. 47B.

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PER CURIAM.

Edward Cooper was convicted of kidnaping and sexually assaulting a twelve-year-old girl. Cooper has been deaf since childhood. His primary language is American Sign Language (ASL), although he has a rudimentary knowledge of English. Cooper alleges that his attorney, David Redburn, provided ineffective assistance of counsel for two reasons. First, Redburn, who had no experience with deaf individuals, only had an ASL interpreter present for three pre-trial meetings. These meetings constituted approximately one-third of the total pre-trial meetings. Second, Cooper argues that Redburn had a conflict of interest because the Government’s first witness — the victim’s mother — was represented in a divorce by one of Redburn’s legal partners.

Cooper’s petition for post-conviction relief was denied by the Minnesota courts. See Cooper v. State, 565 N.W.2d 27 (Minn. Ct.App.1997). Cooper then sought a writ of habeas corpus under 28 U.S.C. § 2254(a) in federal district court, the Honorable John R. Tunheim, presiding. The federal district court denied relief based in part on the Magistrate Judge’s report and recommendation. We affirm the dismissal of the petitioner’s habeas claim based upon the well-reasoned opinion of the district court. See 8th Cir. R. 47B.

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7 F. App'x 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-m-cooper-v-gothriel-j-lafleur-ca8-2001.

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