Legal Opinion
James Edwin Stephens v. United States
Court of Appeals for the Fifth Circuit
Decided May 23, 1979No. 78-2637PublishedCited by 28 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
In this § 2255 motion to vacate, the petitioner, James Stephens, attacks his 1972 conviction for conspiracy to import, importation, and possession of marijuana on the ground that he was denied the effective assistance of counsel. The basis of his claim rests on his counsel’s concurrent representation of the principal witness against him. 1 After an evidentiary hearing the District Judge denied relief in an extensive memorandum opinion. Because we believe that the District Judge erred in not applying the rule that prejudice need not be demonstrated after an actual…
2Cases cited5 opinions
- Holloway v. ArkansasSupreme Court of the United States · 1978
- Robert Louis Porter v. United StatesCourt of Appeals for the Fifth Circuit · 1962
- United States v. Pedro L. AlvarezCourt of Appeals for the Fifth Circuit · 1978
- Castillo v. EstelleCourt of Appeals for the Fifth Circuit · 1974
- Clinton William Baker v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1970
3Cited by28 opinions
- Ian Lightbourne v. Richard L. Dugger, Secretary, Florida Department of Corrections, Robert A. Butterworth, Attorney GeneralCourt of Appeals for the Eleventh Circuit · 1987
- Raleigh Porter v. Harry K. Singletary, Secretary Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1994
- Pamela Lynn Perillo v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2000
- In Re the Personal Restraint of RichardsonWashington Supreme Court · 1983
- United States v. Elias MartinezCourt of Appeals for the Fifth Circuit · 1980
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