ROUSH

v.

UNITED STATES

Citator

Cited By (51 total)

• Ford v. Strickland, 696 F.2d 804 (11th Cir. 1983)
  …ulted to him by any action or inaction of counsel, see Washington v. Watkins, 655 F. 2d at 1362, Ford has not carried his burden of proving ineffective assistance of counsel. See United States v. Killian, 639 F. 2d 206, 210 (5th Cir.), cert. denied, 451 U.S. 1021, 101 S.Ct. 3014, 69 L.Ed.2d 394 (1981). The judgment denying habeas corpus relief is AFFIRMED, but the case is REMANDED to the district court for further proceedings as set forth in the per curiam opinion of the Court. GODBOLD, Chief Judge, joined…
• Washington v. Strickland, 693 F.2d 1243 (5th Cir. 1982)
  …0). A petitioner who seeks to overturn his conviction on grounds of ineffective assistance of counsel must prove his entitlement to relief by a preponderance of the evidence.11 United States v. Killian, 639 F. 2d 206, 210 (5th Cir.), cert. denied, 451 U.S. 1021, 101 S.Ct. 3014, 69 L.Ed.2d 394-(1981); Mays v. Balkcom, 631 F. 2d 48, 52 n. 1 (5th Cir.1980); Marino v. United States, 600 F. 2d 462, 464 (5th Cir.1979).12 [*1251] A. The Duty to Investigate Although the fate of a criminal defendant is determined…

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• Proffitt v. Louie L. Wainwright, 685 F.2d 1227 (11th Cir. 1982)
  …(4th Cir. 1963). The issue of the particular proceedings to which the right extends has continued to be litigated in recent cases in the Fifth and other circuits. E.g., United States v. Killian, 639 F. 2d 206, 209-10 (5th Cir. 1981), cert. denied, 451 U.S. 1021, 101 S.Ct. 3014, 69 L.Ed.2d 394 (1982) (no right to presence under Rule 43 at court’s granting of continuance); United States v. Dominguez, 615 F. 2d 1093, 1094-95 & n.4 (5th Cir. 1980) (inadvertent ex-cusal of juror out of defendant’s presence did…

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