United States v. Willie Decoster, Jr., (Decoster Iii)

SPOTTSWOOD W. ROBINSON, III, Circuit Judge,

concurring in the result:

I agree with the majority of my brethren that the conviction in this case should be affirmed. I am unable, however, to subscribe to one link in the chain of reasoning they forge in reaching this result. While I applaud the collective action of the full court in now assuring to those accused of crime a level of legal assistance commensurate with the demands of the Sixth Amendment, I deplore the court’s allocation to the accused of a burden of demonstrating that he was jeopardized by established dereliction of duty on the part…