Gray v. United States
| Decision Date | 21 February 1962 |
| Docket Number | No. 16569.,16569. |
| Citation | 112 US App. DC 86,299 F.2d 467 |
| Parties | Richard GRAY, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Joel D. Blackwell and John R. Schmertz, Jr., Asst. U. S. Attys., were on the brief, submitted on the brief for appellee.
Before WILBUR K. MILLER, Chief Judge, and PRETTYMAN and BAZELON, Circuit Judges.
The appellant, Richard Gray, and one Hattie M. Bland, jointly indicted for robbery, were found guilty November 28, 1960. On January 11, 1961, Gray was sentenced and committed. After a timely notice of appeal, he filed in the District Court a motion to be allowed to appeal in forma pauperis, which was denied January 30, 1961. This court appointed counsel to file a memorandum in his behalf, and on May 15, 1961, entered the following order:
Ten days later, pursuant to the privilege thus granted, Gray filed in the District Court a motion for a new trial on the ground that his court-appointed counsel rendered ineffective assistance in that he interviewed the appellant only once before trial and for no more than five or ten minutes, and failed to subpoena two witnesses who would have testified to an alibi. He also moved, apparently as an alternative, for reconsideration of his previous motion to proceed in forma pauperis. Gray filed in support of the motion affidavits of his alibi witnesses.
At a hearing in the District Court held July 5, 1961, his trial counsel testified he conferred with appellant five or six times before the trial, and had told appellant's mother to have her brother (appellant's principal alibi witness) get in touch with him, which was not done. Counsel said he had discussed with appellant the advisability of calling the latter's uncle as a witness. After investigation, he concluded the uncle's testimony conflicted with that of the appellant to such an extent that he should not be called as a witness. At the conclusion of the hearing, the trial judge denied the motion. Gray appeals...
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State v. Gissendanner
...counsel acted wisely in not calling the affiants as witnesses, and so gave effective assistance in that respect." Gray v. United States, 299 F.2d 467, 468 (C.A.D.C. 1962)."Knowing what the testimony of [the defendant's] father and uncle, and [a friend] would be, [the defendant's] trial atto......
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State v. Gissendanner
...counsel acted wisely in not calling the affiants as witnesses, and so gave effective assistance in that respect." Gray v. United States, 299 F.2d 467, 468 (C.A.D.C. 1962). "Knowing what the testimony of [the defendant's] father and uncle, and [a friend] would be, [the defendant's] trial att......
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...or even a plausible defense. The claims they made of inadequate representation were groundless.' See also Gray v. United States, 112 U.S. App.D.C., 86, 299 F.2d 467. In Tarrence v. Commonwealth, (Ky.) 265 S.W.2d 40, that Court 'There is no indication in the affidavit supporting the motion t......
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