U.S. v. Kelley, No. 77-5137

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore AINSWORTH, MORGAN and GEE; PER CURIAM
Citation559 F.2d 399
Decision Date19 September 1977
Docket NumberNo. 77-5137
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Willie Hardy KELLEY, Defendant-Appellant. Summary Calendar. *

Page 399

559 F.2d 399
UNITED STATES of America, Plaintiff-Appellee,
v.
Willie Hardy KELLEY, Defendant-Appellant.
No. 77-5137
Summary Calendar. *
United States Court of Appeals,
Fifth Circuit.
Sept. 19, 1977.

Page 400

Nina Cortell, Dallas, Tex. (Court-appointed), for defendant-appellant.

Kenneth J. Mighell, U. S. Atty., Fort Worth, Tex., Judith A. Shepherd, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Appeal from the United States District Court for the Northern District of Texas.

Before AINSWORTH, MORGAN and GEE, Circuit Judges.

PER CURIAM:

Defendant, Willie Hardy Kelley, appeals his conviction of aiding and abetting the unlawful possession of a United States Treasury check stolen from the mail in violation of 18 U.S.C. §§ 2 and 1708.

On August 1, 1976, a number of Government checks were stolen from a United States Postal Service vehicle in the City of Dallas. Lester Hall, among others, had not received his expected Government check, although it had been mailed to him. The testimony of the prosecution's witnesses indicated that on August 3, 1976, defendant Kelley approached his friend Wesley Wayne Moore with an offer to make money by passing Government checks. The defendant showed Moore three Government checks. They then went to a store to obtain blank identification cards and to use a machine to take photographs of themselves. Subsequently, they went to the apartment of Moore's friend to ask her to type up the identification cards. Moore introduced the defendant as Lester Hall. When defendant and Moore learned that the typewriter was not working, Kelley went to a pawnshop to have the identification cards typed up, including one in the name of "Lester Hall". The defendant placed Moore's picture on the "Lester Hall" card and he and Moore drove in defendant's car to a small grocery store. Defendant remained outside while Moore attempted to cash the Government checks payable to Lester Hall in the store. The owner detained Moore and called the police. Defendant entered the store while Moore was being detained but left without saying anything.

Kelley now contends that his conviction should be reversed because there was insufficient evidence to prove guilty knowledge because the major Government witness was the accomplice and thus unreliable, and that he was denied the effective assistance of counsel because his appointed counsel did not have extensive experience in criminal law and did not call defendant to the stand to deny...

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7 practice notes
  • State v. Pratt, Nos. 13772 and 13773
    • United States
    • Supreme Court of West Virginia
    • May 2, 1978
    ...is not proof of ineffectiveness of counsel. The degree of his expertness is proved by the trial record. See, United States v. Kelley, 559 F.2d 399 (5th Cir. 1977); United States v. Easter, 539 F.2d 663 (8th Cir. 1976); UNITED STATES EX REL. WILLIAMS V. TWOMEY, 510 F.2D 634 (7TH CIR. 1975)3;......
  • United States v. Brazil, Case No. 07-cr-20531
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • February 5, 2015
    ...reasonably effective assistance, not on whether counsel has an extensive background in criminal defense work." United States v. Kelley, 559 F.2d 399, 401 (5th Cir. 1977). In United States v. Lewis, 786 F.2d 1278 (5th Cir. 1986), the defendant challenged the effectiveness of his trial counse......
  • U.S. v. Moreno, No. 80-1280
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 30, 1981
    ...or otherwise insubstantial on its face. United States v. Garner, 581 F.2d 481, 486, n. 2 (5th Cir. 1978); United States v. Kelley, 559 F.2d 399, 400 (5th Cir. 1977), cert. denied, 434 U.S. 1000, 98 S.Ct. 644, 54 L.Ed.2d 497 It is well settled that possession of a controlled substance with t......
  • Maples v. Dunn, 5:03-CV-2399-KOB
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • January 27, 2022
    ...to find counsel ineffective. See Sinclair v. Ferrell, 2010 WL 1487820 *10 (S.D. Ala. March 15, 2010) (citing United States v. Kelley, 559 F.2d 399, 401 (5th Cir. 1977)). At the evidentiary hearing, Craig testified that before representing Maples, he had never served as lead counsel in a cap......
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7 cases
  • State v. Pratt, Nos. 13772 and 13773
    • United States
    • Supreme Court of West Virginia
    • May 2, 1978
    ...is not proof of ineffectiveness of counsel. The degree of his expertness is proved by the trial record. See, United States v. Kelley, 559 F.2d 399 (5th Cir. 1977); United States v. Easter, 539 F.2d 663 (8th Cir. 1976); UNITED STATES EX REL. WILLIAMS V. TWOMEY, 510 F.2D 634 (7TH CIR. 1975)3;......
  • United States v. Brazil, Case No. 07-cr-20531
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • February 5, 2015
    ...reasonably effective assistance, not on whether counsel has an extensive background in criminal defense work." United States v. Kelley, 559 F.2d 399, 401 (5th Cir. 1977). In United States v. Lewis, 786 F.2d 1278 (5th Cir. 1986), the defendant challenged the effectiveness of his trial counse......
  • U.S. v. Moreno, No. 80-1280
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 30, 1981
    ...or otherwise insubstantial on its face. United States v. Garner, 581 F.2d 481, 486, n. 2 (5th Cir. 1978); United States v. Kelley, 559 F.2d 399, 400 (5th Cir. 1977), cert. denied, 434 U.S. 1000, 98 S.Ct. 644, 54 L.Ed.2d 497 It is well settled that possession of a controlled substance with t......
  • U.S. v. Lewis, No. 85-4838
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 15, 1986
    ...can render effective assistance of counsel even if he has had no prior experience in criminal advocacy. See United States v. Kelley, 559 F.2d 399, 401 (5th Cir.), cert. denied, 434 U.S. 1000, 98 S.Ct. 644, 54 L.Ed.2d 497 (1977). "Whether the defendant has been afforded his right to counsel ......
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