U.S. Court of Appeals for the D.C. Circuit, 1958

Robert J. Smith v. United States

Robert J. Smith v. United States
U.S. Court of Appeals for the D.C. Circuit · Decided August 25, 1958 · Fahy, Washington, Dan-Aiier
256 F.2d 889 (Federal Reporter, Second Series)

Counsel

Mr. Newell Blair, Washington, D. C. (appointed by this court) for appellant., Mr. Harold D. Rhynedance, Jr., Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Carl W. Belcher and Joseph M. Hannon, Asst. U. S. Attys., were on the brief, for appellee. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellee.

Robert J. Smith v. United States

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Opinion

PER CURIAM.

The appeal is from a judgment of conviction of robbery. 1 The question is whether trial counsel, not counsel who on appointment by this court has ably represented defendant on the appeal, conducted the defense so incompetently as to bring about a denial of the effective assistance of counsel to which defendant was entitled under either the Fifth or the Sixth Amendment, or both. The question is presented to us on the basis of the record of the trial itself, upon consideration of which we are of opinion the claim must be denied.

Affirmed.

1

. 31 Stat. 1322 (1901), D.C.Code, § 22-2901 (1951).

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