Evidentiary hearing necessary in proceeding claiming ineffective assistance of trial counsel
COLLATERAL REVIEW United States v. Holder, No. 03-7123, ___ F.3d ___ (10th Cir. Jun. 6, 2005)(E.D. Oklahoma). Appeal of district court’s denial, without hearing, of defendant’s motion for relief under 28 U.S.C. § 2255. HELD: In collateral challenge to first degree murder conviction, district court erred in denying § 2255 motion without evidentiary hearing on claim of ineffective assistance of counsel. Where record provided no explanation for defense counsel’s decision not to present testimony of individual who witnessed murder and testified before grand jury that he believed defendant used firearm in self defense, such crucial decision must be explained before court can draw any conclusion on ineffectiveness claim. Read the opinion here. |
Comments on "Evidentiary hearing necessary in proceeding claiming ineffective assistance of trial counsel"