Session v. United States
Session v. United States
Opinion of the Court
Appellant was convicted of kidnapping,
Appellant contends that the trial court erred in denying the motion for a new trial without a hearing.
In pertinent part the statute provides:
(c) Unless the motion and files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the prosecuting authority, grant a prompt hearing thereon, determine the issues, and make findings of fact and conclusions of law with respect thereto. . . . [D.C.Code 1973, § 23-110; emphasis supplied.]
The issue here essentially is whether the trial court erred in not first granting appellant a hearing on the motion for a new trial. In denying the motion the trial court stated it had determined that a prima facie case requiring a • hearing had not been made. This was error.
Narrowly drawn as it is, the statute required a hearing on the motion in these circumstances because “the motion and files and records of the case” did not “conclusively show that the prisoner is entitled to no relief.” Machibroda v. United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962). “The factual allegations . related primarily to purported occurrences upon which the record could . cast no real light. Nor were the circumstances alleged of a kind that the [trial judge] could completely resolve by drawing upon his own personal knowledge or recollection.” Id. at 494-95, 82 S.Ct. at 514.
This is not to say that a motion for new trial alleging ineffective assistance of counsel automatically requires a hearing. That would convert our criminal justice system into a farce. The “. . . specifications of the motion
Petitioner’s motion and showing survive these tests. Whether there is any merit to petitioner’s allegations is another matter, but we conclude that in these circumstances a hearing on the motion for new trial was required. Consequently, we remand for a hearing on petitioner’s motion for a new trial.
Remanded with instructions.
. D.C.Code 1973, § 22-2102.
. D.C.Code 1973, § 22-504.
. D.C.Code 1973, § 22-2202.
. See also Super.Ct.Cr.R. 33.
. The nature of the asserted testimony was set forth and, if it were to be forthcoming, it would be material.
. Appellant also argues that the trial court erred in discharging a juror without cause and over his objection. We conclude this contention clearly has no merit.
.The motion should of course be supported by affidavit.
Concurring Opinion
concurring in the result:
While I believe that justice in this case requires that a hearing be held on appellant’s motion, I do not want to imply by my concurrence that the opinion should be read as suggesting that relief in such cases is easily obtained by means of a collateral attack. Rather, I would emphasize the standard expressed by the circuit in Bruce v. United States, 126 U.S.App.D.C. 336, 339-40, 379 F.2d 113, 116-17 (1967):
Although the cases are rare and extraordinary, it appears that an accused may obtain relief under 28 U.S.C. § 2255 if he shows both that there has been gross incompetence of counsel and that this has in effect blotted out the essence of a substantial defense either in the District Court or on appeal.
Reference
- Full Case Name
- Arlie D. SESSION, Appellant, v. UNITED STATES, Appellee
- Cited By
- 19 cases
- Status
- Published