Sykes v. Commonwealth of Virginia, 9793.
| Decision Date | 21 July 1966 |
| Docket Number | No. 9793.,9793. |
| Parties | William SYKES, Appellant, v. COMMONWEALTH OF VIRGINIA, ex rel. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Sidney L. Berz, Richmond, Va. (Court-assigned counsel), for appellant.
Reno S. Harp, III, Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, on brief), for appellee.
Before HAYNSWORTH, Chief Judge, J. SPENCER BELL, Circuit Judge, and BARKSDALE, District Judge.
In this habeas corpus proceeding the petitioner attacks his conviction for rape upon the ground of inadequacy of his trial counsel. He attacks neither the ability, the loyalty, nor the application of trial counsel, but rests his contention upon the attorney's statement, while seeking a further continuance of the trial, that he was not prepared for a jury trial. Denial of a further continuance, under those circumstances, the prisoner contends was a denial of his constitutional right to effective representation by adequately prepared lawyers.
For the reasons more fully stated by the District Court in its findings of fact and conclusions of law, we conclude that the proper standard is an objective one, and that there was no denial of any constitutional right in the refusal of a further continuance.
Sykes was indicted for rape in November, 1961. A thoroughly competent lawyer was appointed to represent him. After investigation, he advised Sykes to plead guilty. Sykes disliked that advice and he sought other representation. The case was continued and, on February 16, 1962, another lawyer was appointed to serve with the first and, by agreement, the case was set for March 9. On March 6, the second lawyer sought a further continuance of the case to the May term. That motion was refused, but the trial was postponed from March 9 to March 13.
On March 13 the defense attorneys were prepared to proceed with a trial to the court without a jury, but the Commonwealth's attorney refused to join in the waiver of a jury. The second attorney then moved for a further continuance upon the ground that the Commonwealth's attorney's refusal to join in a waiver of a jury was unprecedented in his experience, that he had not prepared an opening statement or suggested instructions to the jury and, in those respects, was unprepared to proceed in a trial before a jury. That motion was refused, but the court postponed the commencement of the trial for two hours to permit the attorney to work upon suggested instructions and his opening statement. The trial then commenced and proceeded to a judgment of conviction entered upon the jury's finding of guilt.
The District Court reviewed the record of the trial and concluded that the defense attorneys performed their role ably and effectively. It reviewed the instructions...
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