United States v. Ginn

I agree with the majority that appellant is not entitled to a factfinding hearing on his claims of ineffective assistance of counsel. I disagree with the legal standard used by the majority. The majority would grant appellant a hearing unless the record conclusively contradicts his affidavit. I believe that the correct standard would deny appellant a hearing unless he can overcome the presumption of verity accorded his sworn responses on the record. See Blackledge v. Allison, 431 U.S. 63, 71, 74, 97 S.Ct. 1621, 1627-28,1629, 52 L.Ed.2d 136 (1977).

In my view the result reached by the court…