O'NEAL v. Smith

Citation431 F.2d 646
Decision Date10 September 1970
Docket NumberNo. 29398 Summary Calendar.,29398 Summary Calendar.
PartiesBuster O'NEAL, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Respondent-Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

Joseph W. Popper, Jr., Macon, Ga., for appellant; Buster O'Neal, pro se.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Marion O. Gordon, William R. Childers, Jr., Asst. Attys. Gen., Atlanta, Ga., for appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

O'Neal appeals from the District Court's denial of habeas corpus relief after an evidentiary hearing.1 He asserts that he was denied effective assistance of counsel in state proceedings and that he did not knowingly and voluntarily plead guilty to a charge of automobile larceny. We affirm.

During the District Court's evidentiary hearing, O'Neal testified that he spoke with counsel for no more than five minutes before the guilty pleas were entered. He further alleged that although he pled guilty to the charge of escape, he did not knowingly and voluntarily plead guilty to the charge of auto larceny. The District Court, however, found that O'Neal pled guilty to both escape and auto larceny "knowingly, voluntarily, and understandingly and that he was afforded and enjoyed the benefits of the effective assistance of counsel." The court also found O'Neal's uncorroborated testimony regarding his innocence unworthy of belief and concluded: "The procedures employed by petitioner's court-appointed counsel in no way deprived petitioner of the effective assistance of counsel. * * * The attorney acted in a competent and professional manner."

This Court will not distrub the District Court's findings of fact on appeal unless they are clearly erroneous. Fed. R.Civ.P. 52(a); accord, Washington v. Smith, 5 Cir. 1969, 417 F.2d 301, 302; Foster v. Beto, 5 Cir. 1969, 412 F.2d 892, 893; Doughty v. Beto, 5 Cir. 1968, 396 F.2d 128, 130. Certainly the trial court is in a better position than we to determine such a factual matter as the credibility of a witness's testimony or the efficacy of counsel's assistance. See, e.g., Gibson v. Wainwright, 5 Cir.1970, 423 F.2d 1110, 1111. Thus we cannot fault the District Court's refusal to believe O'Neal's uncorroborated testimony. Nor can we question its evaluation of his counsel under the circumstances presented here.

A charge of ineffective assistance by counsel may not be sustained unless it clearly appears well grounded. In cases where the accused pleads guilty, appointed counsel, to effectively represent his client, must ascertain only that the plea was entered knowingly and voluntarily. Lamb v. Beto, 5 Cir.1970, 423 F.2d 85, 87; see Edwards v. United States, 1958, 103 U.S.App.D.C. 152, 256 F.2d 707, 709, cert. denied, 358 U.S. 847, 79 S.Ct. 74, 3 L.Ed.2d 82. In this regard, the time which counsel spends with an accused is merely one factor to be weighed in evaluating the effectiveness of representation. Doughty v. Beto, supra, 396 F.2d at 130; accord, Evans v. Beto, 5 Cir.1969, 415 F.2d 1129, 1130; Foster v. Beto, supra, 412 F.2d at 893.

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    • United States
    • North Carolina Supreme Court
    • July 8, 1981
    ...E. g., Missouri v. Turley, 443 F.2d 1313 (8th Cir.), cert. denied, 404 U.S. 965, 92 S.Ct. 336, 30 L.Ed.2d 284 (1971); O'Neal v. Smith, 431 F.2d 646 (5th Cir. 1970). The hearing which was conducted by Judge Smith fulfilled the obligation of the court to inquire into defendant's reasons for w......
  • State v. Kuplen, 355A84
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    • May 6, 1986
    ...E.g., Missouri v. Turley, 443 F.2d 1313 (8th Cir.), cert. denied, 404 U.S. 965 [92 S.Ct. 336, 30 L.Ed.2d 284] (1971); O'Neal v. Smith, 431 F.2d 646 (5th Cir.1970). Judge Freeman found that the defendant had failed to show anything that would hinder Mr. White from providing an adequate and p......
  • Herring v. Estelle
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    • U.S. Court of Appeals — Fifth Circuit
    • April 16, 1974
    ...93, 27 L.Ed.2d 84. See Walker v. Caldwell, 5th Cir. 1973, 476 F.2d 213; Colson v. Smith, 5th Cir. 1971, 438 F.2d 1075; O'Neal v. Smith, 5th Cir. 1970, 431 F.2d 646. He must actually and substantially assist his client in deciding whether to plead guilty. Walker v. Caldwell, supra, 476 F.2d ......
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    • U.S. District Court — Southern District of Georgia
    • May 9, 1978
    ...cert. den. 419 U.S. 1053, 95 S.Ct. 633, 42 L.Ed.2d 650; Walker v. Caldwell, 476 F.2d 213 (5th Cir.); Colson v. Smith, supra; O'Neal v. Smith, 431 F.2d 646 (5th Cir.); Lamb v. Beto, 423 F.2d 85, 87 (5th Cir.), cert. den. 400 U.S. 846, 91 S.Ct. 93, 27 L.Ed.2d 84. The Court in Herring v. Estel......
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