(Download) "Beasley V. United States" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Beasley V. United States
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 01, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
In a non-jury trial of February 20, 1969, a Federal District Court convicted Petitioner of attempted armed bank robbery. A direct appeal raising numerous points was dismissed by this Court without oral hearing. United States v. Beasley, 438 F.2d 1279 (6th Cir. 1971). A petition for rehearing was denied. Petitioner then filed a Motion to Vacate Sentence and Judgment in the District Court, claiming ineffective assistance of his appointed counsel before and during trial and on appeal. He further contends unlawful government withholding of evidence at trial. The District Court held that Petitioner had not been denied the Sixth Amendment right to the effective assistance of counsel before and during trial because his attorney's performance had not rendered the trial a "farce and a mockery, shocking to the Court," although it found that Petitioner had been afforded "incompetent and ineffective representation."*fn1 The District Court held that Petitioner had been denied the Sixth Amendment's protection on his direct appeal, because his attorney had failed to cite an important recent case which Petitioner himself had brought to his attorney's attention. It did not grant relief, however, because it was unsure whether this Court would have granted Petitioner's direct appeal if it had been apprised of the citation in question at that time. Finally, the District Court held that although the Government had improperly withheld certain evidence from the defense at trial, the evidence was not material.