Legal Opinion · Dissent

Matthews v. Rakiey

Court of Appeals for the First Circuit

Decided May 8, 1995No. 94-2017Published

1DissentBownes, Senior Circuit Judge

I agree with the majority that D’Arcy’s failure to call John Womum, when examined in isolation, did not violate the Sixth Amendment. I strongly disagree, however, that the complained of acts and decisions of D’Arey, when viewed in the aggregate, “f[ell] within the wide range of reasonable professional assistance” and constituted “sound trial strategy.” See Strickland v. Washington, 466 U.S. 668, 689, 104 S.Ct. 2052, 2065, 80 L.Ed.2d 674 (1984). Furthermore, I am convinced that, but for D’Arcy’s unsound performance, “there is a reasonable probability that the result of the proceeding would…

2Cases cited23 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. Emiliano Valencia-CopeteCourt of Appeals for the First Circuit · 1986
  3. United States v. Pablo Escoboza VegaCourt of Appeals for the First Circuit · 1982
  4. Commonwealth v. RodriguezMassachusetts Supreme Judicial Court · 1979
  5. James Nealy v. Donald A. Cabana, Superintendent of Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1985

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