GUTTELMAN

v.

STEWART ET AL.

Citator

Cited By (25 total)

• United States v. Bosch, 584 F.2d 1113 (1st Cir. 1978)
  …pears to have been established in Diggs v. Welch, 80 U.S.App.D.C. 5, 148 F. 2d 667, cert. denied, 325 U.S. 889, 65 S.Ct. 1576, 89 L.Ed. 2002 (1945). Rickenbacker v. Warden, Auburn Correctional Facility, 550 F. 2d 62, 67 (2d Cir. 1976), cert. denied, 434 U.S. 826, 98 S.Ct. 103, 54 L.Ed.2d 85 (1977) (dissenting opinion); Beasley v. United States, 491 F. 2d 687, 693 (6th Cir. 1974). In the view of the Diggs court, the sixth amendment only guaranteed assistance of counsel, not effective assistance. Diggs v. Wel…

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• Cephus Donald Dyer v. Crisp, 613 F.2d 275 (10th Cir. 1980)
  …attorney in a criminal case. II. THE STANDARDS ADOPTED. BY THE VARIOUS CIRCUITS The Second Circuit, and until now the Tenth Circuit, have followed the “sham and mockery” test. Rickenbacker v. Warden, 550 F. 2d 62; 65 (2d Cir. 1976), cert. denied, 434 U.S. 826, 98 S.Ct. 103, 54 L.Ed.2d 85 (1977); Gillihan v. Rodriguez, 551 F. 2d 1182 (10th Cir.), cert. denied, 434 U.S. 845, 98 S.Ct. 148, 54 L.Ed.2d 111 (1977). The Tenth Circuit has articulated the standard as follows: This circuit adheres to the well est…
• United States v. Wendy, 575 F.2d 1025 (2d Cir. 1978)
  …endy’s acknowledged lack of trial experience and competence would [*1031] have attained the depths necessary to permit reversal of the conviction. But see Rickenbacker v. Warden, 550 F. 2d 62, 67 (2d Cir. 1976) (Oakes, J., dissenting), cert. denied, 434 U.S. 826, 98 S.Ct. 103, 54 L.Ed.2d 85 (1977). . Without unduly speculating on what the result might have been if Kassner himself had been ordered to proceed, we note that his situation is distinguishable from that of Sutter. In re Sutter, supra. Kassner’s s…