Taylor v. United States

• Decision Date: 29 July 1960
• Docket Number: No. 16350,16351.,16350
• Citation: 282 F.2d 16
• Parties: James P. TAYLOR, Appellant, v. UNITED STATES of America, Appellee. James Peter TAYLOR, Appellant, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

282 F.2d 16 (1960)

James P. TAYLOR, Appellant, v. UNITED STATES of America, Appellee.

James Peter TAYLOR, Appellant, v. UNITED STATES of America, Appellee.

Nos. 16350, 16351.

United States Court of Appeals Eighth Circuit.

July 29, 1960.

COPYRIGHT MATERIAL OMITTED

John Quinn, St. Louis, Mo., made argument for the appellant.

Fallon Kelly, U. S. Atty., St. Paul, Minn., made argument for the appellee.

Before GARDNER, WOODROUGH and VOGEL, Circuit Judges.

VOGEL, Circuit Judge.

These appeals are from the denial by the United States District Court for the District of Minnesota of appellant's motions brought under 28 U.S.C.A. § 2255 to vacate and set aside sentences imposed upon him in 1956 following his pleas of guilty to charges of murdering the cashier of the Northern State Bank of Thief River Falls, Minnesota, and transporting in interstate commerce counterfeited and stolen travelers checks. Appellant was sentenced to two terms of ten years and to life imprisonment sentences to run consecutively. His initial motion alleged that he was insane at all times he appeared before the District Court as well as at the time of the crimes alleged. Additionally, he charged that his court-appointed counsel was incompetent and acted in collusion with the United States Attorney. Accompanying appellant's motion were five exhibits detailing his medical and personal history. Judge Nordbye, before whom all proceedings were held, denied without a hearing the initial motion to vacate on the ground that it was "wholly without merit and substance" so that under the statute "the files and records of the case conclusively show that the prisoner is entitled to no relief". 28 U.S.C.A. § 2255.

Specifically, as to the claim of insanity, the court relied upon its observation of appellant's demeanor during the times he appeared before it, upon a detailed statement made by him to agents of the Federal Bureau of Investigation following his pleas of guilty, upon the fact that at no prior time during the disposition of the case did he contend that he was insane or incompetent, and upon a supplemental report filed at the request of the court by psychiatrists who examined him at the time of his trial, which report concluded that he was "mentally competent to be able to understand the proceedings against him and properly to assist in his own defense".

As to appellant's assertion that he was denied the assistance of competent counsel and that his counsel acted in collusion with the United States Attorney, the court noted that appellant himself had thanked the court "for appointing me two such conscientious and capable attorneys who have truly demonstrated the American way in spirit as well as in fact", and explained further that:

"In all my years on the Bench, I have never had a court-appointed attorney who gave more of his time and personal funds to defend an indigent defendant than Mr. Nemerov, and now how ironical it is that he should be charged by Taylor with the fantastic claim of collusion and fraud when counsel gave to this defendant honest, devoted and competent legal services without stint. * * * Such charges of fraud and collusion are as baseless as the charges Taylor makes against the United States Attorney."

Subsequent to the court's denial of his initial petition appellant moved for a default judgment thereon upon the ground that the United States had failed to make any answer to the orginal motion and that therefore all its statements and contentions must be deemed to have been correct. This subsequent motion was denied by the District Court. From both these decisions appellant appeals.

Turning first to the question of whether or not the court erred in denying appellant a hearing on his allegation that he had been denied the effective assistance of counsel, a review of the record indicates conclusively a lack of substance to this charge. Appellant first appeared in court on December 16, 1955, at which time he requested that the court appoint as his counsel one of three named lawyers. Irving Nemerov, one of the three so named, was subsequently appointed. On February 6, 1956, Mr. Nemerov moved that the court appoint counsel to assist him, pursuant to which motion Walter E. Riordan was named. Appellant's counsel thereafter made and argued sixteen different motions on his behalf, which motions included requests to dismiss all counts of the indictment, to continue the trial, to change its venue, and to order the production of certain documents and lists. Additionally, a supplementary motion for continuance was made, argued and granted. Following the appellant's pleas of guilty to the charged offenses, counsel requested that the court have him examined by three psychiatrists to determine whether or not he was then suffering from any brain injuries. Counsel also presented to the court by way of mitigation a detailed and comprehensive review of appellant's entire personal and medical history. Finally, appellant's counsel Nemerov delivered to the court an eloquent and persuasive argument against the imposition of capital punishment.

We have examined in detail the tremendous record in this case. In summary, it reveals that appellant was at all times the beneficiary of outstanding, conscientious and dedicated legal assistance. We know of no instance where the rights of an accused received greater care or consideration. We know of no instance where appointed counsel, working without pay and expending their own funds, or, for that matter, of counsel working for pay, exceeded the thought, the care, the caution as well as the ability exhibited herein. Solid months of time and substantial personal funds went into the defense of this man's life and his right to be dealt with fairly when facing a criminal charge carrying a possible death penalty.

In support of this conclusion, the record indicates that the trial court stated on April 6, 1956, at which time appellant changed his pleas of not guilty to ones of guilty, that:

"* * * I want to express my deepest appreciation to Mr. Nemerov and Mr. Riordan for the very efficient, faithful, and loyal service they have rendered at the request of the Court, which has continued now for many months."

The court again expressed its appreciation to counsel on July 5, 1956, on which day it sentenced appellant, when it declared that it:

"* * * wishes to express his sincere appreciation to Messrs. Nemerov and Riordan for the efficient and faithful legal services which, without compensation, they have rendered to this defendant under appointment of this Court."

The defendant himself stated in court that day that:

"I, too, would like to thank His Honor and this Court for appointing me two such conscientious and capable attorneys who have truly demonstrated the American way in spirit as well as in fact. These men have done everything in their power to protect my rights and at the same time to see justice done."

Appellant's counsel Nemerov explained, in regard to his defense of appellant, that:

"I knew that I had to become his friend. It took time to become his friend. I felt it was my duty, Your Honor, to check out anything he might tell me, and I did to the best of my ability, and all alone. * * * I checked out everything I could find, and Taylor and I became friends and Taylor and I started to chart our course together long ago."

Lastly, Mr. Nemerov stated, following the sentencing of appellant:

"This defendant was given every advantage of his right to counsel. In not one instance was he treated differently than he would have been if he had had unlimited funds."

The Sixth Amendment does not require for its satisfaction that the actions of counsel result in a favorable outcome. Rather, its requirement is met whenever the accused is supplied counsel who exercises that judgment which might be expected of one trained in the law and committed to the diligent application of its principles. Mitchell v. United States, D.C.App.1958, 104 U.S.App.D.C. 57, 259 F.2d 787, certiorari denied 1958, 358 U.S. 850, 79 S.Ct. 81, 3 L.Ed.2d 86. Under this standard of reasonableness, numerous decisions have affirmed the denial of a hearing upon § 2255 claims of ineffective counsel. Mitchell v. United States, supra; United States v. Trumblay, 7 Cir., 1958, 256 F.2d 615, certiorari denied 1959, 358 U.S. 947, 79 S.Ct. 355, 3 L.Ed. 2d 353; Dario Sanchez v. United States, 1 Cir., 1958, 256 F.2d 73; Adams v. United States, D.C.App.1955, 95 U.S.App. D.C. 354, 222 F.2d 45; Pelley v. United States, 7 Cir., 1954, 214 F.2d 597, certiorari denied 1955, 348 U.S. 915, 75 S. Ct. 296, 99 L.Ed. 718. In both Pelley and Trumblay the appellate courts noted, among other factors, that the movant chose his own counsel. In Dario Sanchez and Adams the opinions emphasized that the trial courts had pointedly thanked the movants' counsel for their diligent efforts. Moreover, in the former decision the court explained that:

"Certainly the judge who presided at the trial, and thus was perfectly well aware of the services rendered by court-appointed counsel, had no obligation to call a hearing on the defendant\'s § 2255 motion, in order to waste time while the defendant undertook to make specific his vague general allegations of counsel\'s inadequacy." Dario Sanchez v. United States, supra, 256 F.2d at page 75.

We, therefore, conclude that the trial court correctly ruled that, insofar as the appellant claimed the ineffective assistance of counsel, a hearing was not required because "the files and records of the case conclusively show that the prisoner is entitled to no relief". 28 U.S.C.A. § 2255.

Appellant's motion to vacate also alleged that his counsel, Mr. Nemerov, acted in collusion with the United States Attorney. No facts are asserted in support of this conclusion. The only conceivable basis for it is the statement made by Mr. Nemerov at the hearing to determine whether or not a jury should be empaneled to determine appellant's punishment to the...