UNITED STATES OF AMERICA, PLAINTIFF APPELLEE,
v.
WAYMAN OTIS WILKES, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF APPELLEE,
WAYMAN OTIS WILKES, DEFENDANT-APPELLANT
449 F.2d 163
United States Court of Appeals for the Ninth Circuit (1971)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM:
Wilkes appeals from his conviction in the District Court on eight counts of violating 21 U.S.C. § 331 (q) (2), (3), sale and possession for sale of depressant or stimulant drugs. His sole contention on appeal is that he was deprived of the effective assistance of counsel because of his trial counsel’s incorapetency.
Wilkes contends that his trial counsel might have presented the evidence differently and that he might have called other witnesses. This court has held that such hindsight speculation as to how a case might have been defended differently is not sufficient to show that trial counsel was incompetent. Borchert v. United States, 405 F. 2d 735 (9th Cir. 1968), cert. den. 394 U.S. 972, 89 S.Ct. 1466, 22 L.Ed.2d 753 (1969). We have examined the record and conclude that counsel was rendering reasonably effective assistance. Therefore, the conviction must be affirmed.
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Borchert v. United States, 405 F.2d 735 (9th Cir. 1968)
- Choctaw Nation v. Oklahoma, 394 U.S. 972 (U.S. 1969)
- Borchert v. United States, 394 U.S. 972 (U.S. 1969)