CARL E. WILLIAMS, PETITIONER,
v.
LOUIE L. WAINWRIGHT, SECRETARY DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT
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A district court may sua sponte conduct a de novo hearing to aid its review of a magistrate's report in post-trial relief applications. Claims of ineffective assistance of counsel were also rejected.
Appellant sought a writ of habeas corpus, which was denied. He appealed, arguing the district court erred by conducting a de novo hearing and that his…
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PER CURIAM:
Appellant presents two claims in this appeal from the denial of his writ of habeas corpus. We find both to be without merit and affirm the district court’s order. Appellant first contends that the district court erred when, after reviewing the magistrate’s report and recommendation, it sua sponte conducted a de novo hearing. As this court has recently noted, “in determining whether to accept, reject, or modify the magistrate’s report and recommendations, the district court has the duty to conduct a careful and complete review.” Nettles v. Wainwright, 677 F. 2d 404 at 408 (5th Cir. 1982) (en banc). A district judge, without the discretion to order a de novo hearing on important issues of fact, may not be able to conduct a “careful and complete review.” Too, the power of a district judge to conduct such a hearing, even though no objections to the magistrate’s report and recommendations' were filed, was implicitly recognized by this court when we observed that,
In order to adequately determine the credibility of a witness as to such constitutional issues, the fact finder must observe the witness. This may be accomplished either by the district judge accepting the determination of the magistrate after reading the record, or by rejecting the magistrate’s decision and coming to an independent decision after hearing the testimony and viewing the witnesses.
Louis v. Blackburn, 630 F. 2d 1105 (5th Cir. 1980). We now expressly hold that a district court may, on its own motion, conduct a de novo hearing in order to aid its review of a magistrate’s report in an application for post trial relief.
Appellant also contends that his retained counsel failed to provide adequate assistance. Trial counsel’s conduct of the case, having been unsuccessful, is criticized. A fair reading of the record, however, shows that the attorney’s acts were the results of strategic decisions designed to demonstrate his client’s honesty and candor, as opposed to unwarranted police harassment and vindictiveness. We thus reject appellant’s claim of ineffective assistance.
AFFIRMED.
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Westbrook v. Zant, 704 F.2d 1487 (11th Cir. 1983)…incarceration itself. The action was clearly designed and in our judgment indicates a strategic decision. Such decisions have repeatedly been held not to render counsel’s representation constitutionally deficient. See, e.g., Williams v. Wainwright, 681 F. 2d 732 (11th Cir.1982); Nelson v. Estelle, 642 F. 2d 903 (5th Cir.1981); United States v. Guerra, 628 F. 2d 410 (5th Cir.1980), cert. denied, 450 U.S. 934, 101 S.Ct. 1398, 67 L.Ed.2d 369 (1981). Even if such a strategy appears harmful in retrospect, cons…
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Tafero v. Louie L. Wainwright, 796 F.2d 1314 (11th Cir. 1986)…ent representation. We find that trial counsel, on voir dire of the jury, adequately investigated the possibility of potential prejudice against Tafero, and his decision not to seek a change of venue was a strategic decision. Williams v. Wainwright, 681 F. 2d 732 (11th Cir.1982); United States v. Beasley, 479 F. 2d 1124 (5th Cir.), cert. denied, 414 U.S. 924, 94 S.Ct. 252, 38 L.Ed.2d 158 (1973). Finally, Tafero incorporates into his appeal his testimony at the state court post-conviction hearing of other tr…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
- Louis v. Blackburn, 630 F.2d 1105 (5th Cir. 1980)