McCartney v. United States
| Decision Date | 07 April 1965 |
| Docket Number | No. 19672.,19672. |
| Citation | 343 F.2d 471 |
| Parties | Frank Joseph McCARTNEY, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Frank Joseph McCartney, in pro. per.
Cecil F. Poole, U. S. Atty., Sacramento, Cal., for appellee.
Before ORR, KOELSCH and ELY, Circuit Judges.
While it may be argued that appointment of counsel in a proceeding to vacate sentence pursuant to 28 U.S.C. § 2255 is discretionary with the United States District Court in a case such as the one before us, we do not need to direct our attention to that question here. The District Court in this case exercised its judgment and appointed counsel to represent the prisoner, McCartney. Having thus determined that counsel should have been appointed, the District Court should have taken steps to insure effective representation.
Counsel apparently misconceived his role. It was his duty to honorably present his client's contentions in the light most favorable to his client. Instead he presumed to advise the court as to the validity and sufficiency of prisoner's motion, by letter. We therefore conclude that prisoner had no effective assistance of counsel and remand this case to the District Court with instructions to set aside the judgment, appoint new counsel to represent the prisoner if he makes no objection thereto, and proceed anew.
Reversed and remanded.
To continue reading
Request your trial
-
United States v. Scurry
...steps to insure effective representation.’ " Barnes , 662 F.2d at 781 (second alteration in original) (quoting McCartney v. United States , 343 F.2d 471, 472 (9th Cir. 1965) ).We now take that necessary step and reverse and remand to the district court for the appointment of conflict-free c......
-
United States v. Scurry
...steps to insure effective representation.’ " Barnes , 662 F.2d at 781 (second alteration in original) (quoting McCartney v. United States , 343 F.2d 471, 472 (9th Cir. 1965) ).We now take that necessary step and reverse and remand to the district court for the appointment of conflict-free c......
-
U.S. v. Barnes
...759, 771 n.14, 90 S.Ct. 1441, 1449 n.14, 25 L.Ed.2d 763 (1970) (emphasis supplied). As the Ninth Circuit held in McCartney v. United States, 343 F.2d 471, 472 (9th Cir. 1965), although the provision of counsel in section 2255 proceedings may be discretionary, "(h)aving thus determined that ......
-
Barrett v. Mississippi Bar, 92-US-00336
...to disclose was the "honorable presentation of his client's case." To support his contention, Barrett cites McCartney v. United States, 343 F.2d 471, 472 (9th Cir.1965), for the proposition that an attorney has a duty to honorably present his client's contentions in the light most favorable......