Jose Interiano v. Dave Dormire, 471 F.3d 854 (8th Cir. 2006). · Go Syfert
Jose Interiano v. Dave Dormire, 471 F.3d 854 (8th Cir. 2006). Cases Citing This Book View Copy Cite
50 citation events (50 in the last 25 years) across 8 distinct courts.
Strongest positive: Webb v. Adams (moed, 2023-11-17)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Webb v. Adams (2×)
E.D. Mo. · 2023 · quote attribution · 2 verbatim quotes · confidence high
a federal habeas claim must rely on the same factual and legal bases relied on in state court.
examined Cited as authority (verbatim quote) Dorsey v. Steele (2×)
W.D. Mo. · 2019 · quote attribution · 2 verbatim quotes · confidence high
a federal habeas petitioner's claims must rely on the same factual and legal bases relied on in state court.
discussed Cited as authority (rule) Abernathy v. Adams
E.D. Mo. · 2025 · confidence medium
Interiano v. Dormire, 471 F.3d 854, 856-57 (8th Cir. 2006); Wills v. State, 321 S.W.3d 375, 386-87 (Mo. Ct. App. 2010) (under Missouri law, claims included in a pro se motion for post-conviction relief but not in a subsequent amended motion were “not properly before the motion court because they were a nullity”). under the Strickland v. Washington standards.
discussed Cited as authority (rule) Walther v. Stange
E.D. Mo. · 2025 · confidence medium
“A procedural default occurs when a prisoner violates a state procedural rule and this violation serves as an independent and adequate state-law basis to uphold the state courts’ dismissal of the claim,” Franklin v. Hawley, 879 F.3d 307, 311 (8th Cir. 2018) (citing Murphy v. King, 652 F.3d 845, 849 (8th Cir. 2011)), or when, “a federal habeas petitioner’s claims [do not] rely on the same factual and legal bases relied on in state court.” Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006) (quoting Winfield v. Roper, 460 F.3d 1026, 1034 (8th Cir. 2006); Osborne v. Purkett, 411 F…
cited Cited as authority (rule) Duncan v. Stange
E.D. Mo. · 2025 · confidence medium
Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006).
cited Cited as authority (rule) Varvil v. Stange
E.D. Mo. · 2025 · confidence medium
“A federal habeas claim must rely on the same factual and legal bases relied on in statecourt.” Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006).
discussed Cited as authority (rule) Alford v. Weber
E.D. Mo. · 2024 · confidence medium
(See, e.g., Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006) (“Claims in a federal habeas petition not presented in the state court proceedings and for which there is no remaining state court remedy are defaulted, and a habeas petitioner’s default will be excused only if he shows cause and prejudice for the default or a miscarriage of justice.”)).
cited Cited as authority (rule) Trent-Kettlekamp v. Vandergriff
W.D. Mo. · 2023 · confidence medium
“A federal habeas claim must rely on the same factual and legal bases relied on in state court.” Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006).
discussed Cited as authority (rule) Cunningham v. Vandergriff (2×)
E.D. Mo. · 2023 · confidence medium
Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006).
discussed Cited as authority (rule) Burrage v. Steele
E.D. Mo. · 2023 · confidence medium
F; see also Thomas v. Payne, 960 F.3d 465 , 473 (8th Cir. 2020) (quoting Fink v. State, 280 Ark. 281 , 658 S.W.2d 359, 360 (1983) (“Issues not argued on appeal are considered abandoned.”)); Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006) (claims of ineffective assistance of counsel not presented in motion for post-conviction relief or appeal to the Missouri Court of Appeals are procedurally defaulted).
discussed Cited as authority (rule) Fox v. Precythe
E.D. Mo. · 2022 · confidence medium
See Thomas v. Payne, 960 F.3d 465 , 473 (8th Cir. 2020) (quoting Fink v. State, 280 Ark. 281 , 658 S.W.2d 359, 360 (1983) (“Issues not argued on appeal are considered abandoned.”)); Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006) (claims of ineffective assistance of counsel not presented in motion for post-conviction relief or appeal to the Missouri Court of Appeals are procedurally defaulted).
cited Cited as authority (rule) Buford v. Cassady
E.D. Mo. · 2021 · confidence medium
Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006).
discussed Cited as authority (rule) Houston v. Stange
E.D. Mo. · 2021 · confidence medium
Interiano v. Dormine, 471 F.3d 854, 857 (8th Cir. 2006) (default not excused when postconviction counsel failed to raise a claim in an amended 29.15 motion, or an appeal from the denial of that motion, which had been included in petitioner’s pro se postconviction motion).
discussed Cited as authority (rule) King v. Sachse
E.D. Mo. · 2021 · confidence medium
Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006); Sweet v. Delo, 125 F.3d 1144, 1150 (8th Cir. 1997) (finding an ineffective-assistance- of-trial-counsel claim defaulted “when [the petitioner] failed to raise it in his post-conviction appeal”).
cited Cited as authority (rule) Grissom v. Payne
E.D. Mo. · 2021 · confidence medium
Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006) (A claim must rely on the same factual and legal bases relied on in state court).
discussed Cited as authority (rule) Williams v. Ramey
E.D. Mo. · 2020 · confidence medium
However, “a federal habeas petitioner’s claims must rely on the same factual and legal bases relied on in state court.” Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006) (quoting Winfield v. Roper, 460 F.3d 1026, 1034 (8th Cir. 2006)).
cited Cited as authority (rule) Anderson v. Payne
W.D. Ark. · 2020 · confidence medium
Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006).
cited Cited as authority (rule) Reed v. Norman
E.D. Mo. · 2019 · confidence medium
Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006).
discussed Cited as authority (rule) Daniel Oglesby v. Michael Bowersox
8th Cir. · 2010 · confidence medium
Interiano v. Dormire, 471 F.3d 854, 857 (8th Cir. 2006) (default not excused when postconviction counsel failed to raise a claim in amended 29.15 motion, or on appeal from the denial of that motion, which had been included in petitioner’s pro se postconviction motion). “[T]he mere fact that counsel failed to recognize the factual or legal basis for a claim, or failed to raise the claim despite recognizing it, does not constitute cause for procedural default.” -5- Murray v. Carrier, 477 U.S. 478, 486 (1986); see also Zeitvogel v. Delo, 84 F.3d 276, 279 (8th Cir. 1996) (“To establish cau…
discussed Cited as authority (rule) Oglesby v. Bowersox
8th Cir. · 2010 · confidence medium
Interiano v. Dormire, 471 F.3d 854, 857 (8th Cir.2006) (default not excused when postconviction counsel failed to raise a claim in amended 29.15 motion, or on appeal from the denial of that motion, which had been included in petitioner’s pro se postconviction motion). “[T]he *926 mere fact that counsel failed to recognize the factual or legal basis for a claim, or failed to raise the claim despite recognizing it, does not constitute cause for procedural default.” Murray v. Carrier, 477 U.S. 478, 486 (1986); see also Zeitvogel v. Delo, 84 F.3d 276, 279 (8th Cir.1996) (“To establish caus…
discussed Cited as authority (rule) Whitepipe v. Weber
D.S.D. · 2007 · confidence medium
Whitepipe’s perjury/forgery claims were waived when his guilty plea was accepted by the trial court, see United States v. Smith, 422 F.3d 715, 724 (8th Cir.2005), cert. denied, 546 U.S. 1127 , 126 S.Ct. 1112 , 163 L.Ed.2d 921 (2006); State v. Hoeft, 1999 SD 24, ¶ 12 , 594 N.W.2d 323, 326 , and are now defaulted and unreviewable 3 , see Clay v. Norris, 485 F.3d 1037, 1038-41 (8th Cir.2007); Interiano v. Dormire, 471 F.3d 854, 856-57 (8th Cir.2006); Armstrong v. Iowa, 418 F.3d 924 , 925-26 (8th Cir.2005), cert. denied, 546 U.S. 1179 , 126 S.Ct. 1351 , 164 L.Ed.2d 63 (2006).
cited Cited as authority (rule) Sedrice Maurice Simpson v. Larry Norris, Director, Arkansas Department of Correction
8th Cir. · 2007 · confidence medium
See Coleman, 501 U.S. at 756-57 , 111 S.Ct. 2546 ; Interiano v. Dormire, 471 F.3d 854, 856-57 (8th Cir.2006).
cited Cited as authority (rule) Sedrice M. Simpson v. Larry Norris
8th Cir. · 2007 · confidence medium
See Coleman v. Thompson, 501 U.S. 722, 756-57 (1991); Interiano v. Dormire, 471 F.3d 854, 856-857 (8th Cir. 2006).
discussed Cited as authority (rule) Dennis Skillicorn v. Al Luebbers (2×)
8th Cir. · 2007 · confidence medium
Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006).
discussed Cited as authority (rule) Dennis Skillicorn v. Al Luebbers (2×)
8th Cir. · 2007 · confidence medium
Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir.2006).
discussed Cited "see" Elliott v. Payne
E.D. Ark. · 2023 · signal: see · confidence high
See Interiano v. Dormire, 471 F.3d 854 (8th Cir. 2006) (claim raised in federal habeas corpus petition must rely upon same factual and legal bases as claim raised in state court).
discussed Cited "see" Amsden v. Minor (2×)
E.D. Mo. · 2021 · signal: see · confidence high
See Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006).2 Moreover, the claim is meritless.
discussed Cited "see" Davis, Jr. v. Payne
E.D. Mo. · 2021 · signal: see · confidence high
See Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006) (An ineffective assistance of counsel claim is procedurally defaulted if a petitioner fails to raise it in a Rule 29.15 motion or fails to raise it in the appeal from the denial of such a motion.).
examined Cited "see" Nelson v. Payne (3×)
E.D. Mo. · 2021 · signal: see · confidence high
See Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006) (An ineffective assistance of counsel claim is procedurally defaulted if a petitioner fails to raise it in a Rule 29.15 motion or fails to raise it in the appeal from the denial of such a motion.).
cited Cited "see" McCleary v. Godert
E.D. Mo. · 2021 · signal: see · confidence high
See Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006).
discussed Cited "see" Cross v. Lewis (2×)
E.D. Mo. · 2020 · signal: see · confidence high
See Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006).
discussed Cited "see" Thompson v. Steele (2×)
E.D. Mo. · 2020 · signal: see · confidence high
See Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006).
cited Cited "see" Francis v. Miller
8th Cir. · 2009 · signal: see · confidence high
See Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir.2006).
cited Cited "see" Reva Francis v. Jennifer Miller
8th Cir. · 2009 · signal: see · confidence high
See Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir. 2006). -5- Coleman v. Thompson, 501 U.S. 722, 750 (1991); see also Lee v. Kemna, 534 U.S. 362, 375-76 (2002).
discussed Cited "see" Mize v. Hall
11th Cir. · 2008 · signal: see · confidence high
See Interiano v. Dormire, 471 F.3d 854, 857 (8th Cir.2006); Dellinger v. Bowen, 301 F.3d 758, 766-67 , 767 n. 10 (7th Cir.2002) (holding that even though habeas petitioner’s direct appeal counsel may have been ineffective, petitioner had defaulted his underlying claim on both direct appeal and collateral attack, and the latter default could not be excused because petitioner had no constitutional right to an attorney during the collateral attack).
discussed Cited "see, e.g." Garrison v. Burt (2×)
S.D. Iowa · 2010 · signal: see also · confidence medium
Keithley v. Hopkins, 43 F.3d 1216, 1217 (8th Cir.1995); see also Interiano v. Dormire, 471 F.3d 854, 856 (8th Cir.2006); Kerns v. Ault, 408 F.3d 447 , 449 n. 3 (8th Cir.2005) (“Kerns need not have cited to any particular federal case, but must have fairly apprized the state court of the facts and the substance of the federal claim.”) (internal quotations omitted); Barrett v. Acevedo, 169 F.3d 1155, 1162 (8th Cir.1999) (“Presenting a claim that is merely similar to the federal habeas claim is not sufficient to satisfy the fairly presented requirements.”); Flieger v. Delo, 16 F.3d 878, 8…
Retrieving the full opinion text from the archive…
Jose INTERIANO, Appellant,
v.
Dave DORMIRE, Appellee
06-2160.
Court of Appeals for the Eighth Circuit.
Dec 18, 2006.
471 F.3d 854
2006 U.S. App. LEXIS 31063
2006 WL 3716368
Cenobio Lozano, Jr., Harrisonville, MO, for Appellant., Michael Joseph Spillane, Attorney General’s Office, Jefferson City, MO, for Ap-pellee.
Riley, Hansen, Smith.
Cited by 36 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #24,411 of 633,719
Citer courts: Ninth Circuit (2)
HANSEN, Circuit Judge.

Jose Interiano appeals from the district court’s [1] denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We affirm.

Interiano was convicted in Missouri state court of the statutory rape of his stepdaughter and was sentenced to fifty-[*856] three years of imprisonment. His conviction was affirmed on direct appeal. State v. Interiano, 70 S.W.3d 629 (Mo.Ct.App.2002). Interiano filed a pro se motion for post-conviction relief under Missouri Supreme Court Rule 29.15, alleging that he was denied various constitutional rights because he was not provided with an adequate interpreter, he could not understand the proceedings, and he could not communicate effectively with his attorney. Inter-iano was appointed post-conviction counsel, who filed an amended post-conviction motion and did not include the pro se claims in the amended motion. The amended motion raised two claims of ineffective assistance of counsel, one for not objecting to the prosecutor’s arguments to the jury regarding incriminating statements made by Interiano, and the other for not objecting to the prosecutor’s attempts to impeach Interiano. The state court denied the amended motion without addressing the original pro se issues. Interiano appealed the denial of his post-conviction motion to the Missouri Court of Appeals, but again did not raise the original pro se issues concerning his inability to communicate with his trial attorney. The appeal addressed only the ineffective assistance of counsel claim for failure to object to the prosecutor’s arguments to the jury regarding Interiano’s incriminating statements.

Following the Missouri Court of Appeals’ affirmance of the denial of his post-conviction motion, see Interiano v. State, 143 S.W.3d 645 (Mo.Ct.App.2004), Interi-ano filed an original petition and an amended petition for writ of habeas corpus in federal district court, alleging (1) the denial of his rights to due process and the effective assistance of trial counsel because he was unable to communicate with his attorney or participate in his own defense, and (2) various specific ineffective assistance of trial counsel claims, including: (a) failing to advise Interiano of his rights, (b) failing to explain the proceedings, (c) failing to move for a change of venue, (d) failing to call particular witnesses, (e) excluding Interiano from pre-trial proceedings, (f) failing to challenge the composition of the venire panel, and (g) failing to conduct follow-up questioning with certain venire persons. The district court denied the § 2254 motion because the issues raised therein were not raised in state court, and Interiano failed to demonstrate cause and prejudice to excuse the procedural default. Interiano appeals, arguing that his trial counsel’s ineffectiveness excuses the default.

“[A] federal habeas petitioner’s claims must rely on the same factual and legal bases relied on in state court.” Winfield v. Roper, 460 F.3d 1026, 1034 (8th Cir.2006); Osborne v. Purkett, 411 F.3d 911, 919 (8th Cir.2005), cert. denied, — U.S. —, 126 S.Ct. 1569, 164 L.Ed.2d 305 (2006). Claims in a federal habeas petition not presented in the state court proceedings and for which there is no remaining state court remedy are defaulted, and a habeas petitioner’s default will be excused only if he shows cause and prejudice for the default or a miscarriage of justice. Winfield, 460 F.3d at 1034. The claims raised in Interiano’s § 2254 petition are proeedurally defaulted because none of the claims were presented in his state court Rule 29.15 motion or included in his appeal to the Missouri Court of Appeals. See Osborne, 411 F.3d at 919. Thus, Interiano must show cause and prejudice to overcome the default.

“ ‘[Attorney error that results in a procedural default’ is not cause unless the attorney’s performance was constitutionally deficient.” Armstrong v. Iowa, 418 F.3d 924, 927 (8th Cir.2005) (quoting Murray v. Carrier, 477 U.S. 478, 488, 106 S.Ct. 2639, 91 L.Ed.2d 397 (1986)), cert. [*857] denied, — U.S. —, 126 S.Ct. 1351, 164 L.Ed.2d 63 (2006). Interiano cannot rely on the ineffectiveness of his post-conviction counsel in failing to raise in state court the claims he now seeks to assert because “there is no Sixth Amendment right to the effective assistance of post-conviction counsel.” Id. (construing Coleman v. Thompson, 501 U.S. 722, 752-54, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991)). Interiano tries to avoid this hurdle by arguing that it was his trial counsel’s ineffectiveness in failing to inform the court of the communication problems that prevented post-conviction counsel from knowing of the issues and raising them in his state court post-conviction filings. In other words, because of trial counsel’s ineffectiveness, post-conviction counsel had no way to know that the claims existed. However, the issues were available to Interiano’s post-conviction counsel as evidenced from Interiano’s own original pro se Rule 29.15 motion, in which he alleged that he had not been able to communicate with his trial attorney or understand and participate in the trial court proceedings. Thus, it was his post-conviction counsel’s failure to raise these available claims and pursue them in the state court post-conviction proceedings, not a deficiency by his trial counsel, that resulted in the procedural default. See Osborne, 411 F.3d at 919-20 (finding no cause to excuse the procedural default of a claim of ineffective assistance of trial counsel where the claim was presented in the petitioner’s Rule 29.15 motion but was not pursued on appeal); see also Carrier, 477 U.S. at 489, 106 S.Ct. 2639 (“The principle of comity that underlies the exhaustion doctrine would be ill served by a rule that allowed a federal district court to upset a state court conviction without an opportunity to the state courts to correct a constitutional violation, ... whether an ineffective assistance claim is asserted as cause for a procedural default or denominated as an independent ground for habeas relief.” (internal citations and marks omitted)); Clemons v. Luebbers, 381 F.3d 744, 752 (8th Cir.2004) (“In order for deficient trial work to constitute the kind of ‘cause’ that would excuse a procedural bar ... petitioner [also] must have independently presented this ineffective assistance claim to the state court for adjudication.”), cert. denied, — U.S. —, 126 S.Ct. 41, 163 L.Ed.2d 75 (2005).

The district court’s judgment dismissing Interiano’s § 2254 petition is affirmed.

1

. The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri.