ADAMS

v.

WAINWRIGHT, CORRECTIONS DIRECTOR

Citator

Cited By

• United States v. DiCARLO, 575 F.2d 952 (1st Cir. 1978)
  …In seeking collaterally to attack their convictions under section 2255, defendants bear the burden of establishing by a preponderance of the evidence that they are entitled to relief. Coon v. United States, 5 Cir., 1971, 441 F. 2d 279, cert. denied, 404 U.S. 860, 92 S.Ct. 160, 30 L.Ed.2d 103. This includes the burden of showing that they are entitled, if they claim it, to an evidentiary hearing. Rule 4(b) of the Rules Governing Section 2255 Proceedings provides that the trial court may examine the record,…
• United States v. Guerra, 628 F.2d 410 (5th Cir. 1980)
  …as he did, Hernandez rather than Guerra. The burden is on Guerra to allege and establish facts showing counsel’s failure to call witnesses rendered his trial fundamentally unfair. Coon v. United States, 441 F. 2d 279 (5th Cir. 1971), cert. denied, 404 U.S. 860, 92 S.Ct. 160, 30 L.Ed.2d 103 (1971). Complaints concerning uncalled witnesses impose a heavy showing since the presentation of testimonial evidence is a matter of trial strategy and often allegations of what a witness would have testified to are la…
• Barnes v. United States, 579 F.2d 364 (5th Cir. 1978)
  …. At hearing, Barnes’ retained counsel told the magistrate that these witnesses could not be located. Under Section 2255, Barnes had the burden of showing that he was entitled to relief. Coon v. United States, 441 F. 2d 279 (5th Cir.), cert. denied, 404 U.S. 860, 92 S.Ct. 160, 30 L.Ed.2d 103 (1971), and he cannot charge as error his own failure to produce the witnesses necessary to support his motion. Nothing on the face of the record of the plea-taking proceeding produced pursuant to Rule 11, Fed.R.Crim.P…