U.S. Court of Appeals for the Fifth Circuit, 1976

Banks v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided May 24, 1976 · Brown, Gewin, Morgan

531 F.2d 1336 (Federal Reporter, Second Series)

Counsel

Mark J. Kadish, Atlanta, Ga., for petitioner-appellant., John W. Stokes, William F. Bartee, Jr., Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.

Cases that cite this one

1 later published case cites this decision.

Lathia Paul Banks, Jr. v. United States (5th Cir. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

Lathia Paul Banks, Jr., appeals from the district court’s denial of his post-conviction motion to vacate sentence, 28 U.S.C. § 2255. We affirm.

The appellant raises the following issues which we have examined and found to be *1337without merit: (1) Denial of effective assistance of counsel due to counsel’s representation of a codefendant and resultant inadequate cross-examination of witnesses; (2) denial of effective assistance of counsel due to counsel’s failure to secure the attendance at trial of two potentially favorable witnesses; and (3) failure of the district court to grant a new trial upon appellant’s presentation of post-conviction polygraph evidence of his innocence.

AFFIRMED.

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