Johnson v. United States

NEWMAN, Chief Judge:

Appellant was convicted of taking indecent liberties with and enticing a minor child. 1 In a post-trial motion appellant asked for a new trial, alleging he had received ineffective assistance from trial counsel. The trial court denied this motion without a hearing. After a remand from this court on an appeal from that denial, 2 the trial court held a hearing on appellant’s allegations. Subsequently, the trial court again denied the motion for a new trial, holding that any incompetence of trial counsel did not “ ‘[blot] out the essence of a substantial defense’ ” under…