RALPH MCFALLS, APPELLANT,
v.
C. C. PEYTON, SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY, APPELLEE
RALPH MCFALLS, APPELLANT,
C. C. PEYTON, SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY, APPELLEE
401 F.2d 890
United States Court of Appeals for the Fourth Circuit (1968)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM:
Court-assigned counsel in this habeas corpus case has earnestly presented claims of constitutional deprivation in the circumstances under which the defendant was. brought to trial in the state court and in trial counsel’s failure to make a number of objections, which the habeas attorney thinks should have been interposed. We find no such deprivations in the record, however, for, in general, there was a rational basis for what trial counsel did and refrained from doing. His performance was far from the low level, which, in the constitutional sense, is the equivalent of a denial of counsel.
Affirmed.
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Citator
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Estelle v. Williams, 425 U.S. 501 (U.S. 1976)
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Hernandez v. Beto, 443 F.2d 634 (5th Cir. 1971)
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United States v. Lamont S. Carter, 522 F.2d 666 (D.C. Cir. 1975)
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