(DOWNLOAD) "Joseph Code v. Montgomery" by Eleventh Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Joseph Code v. Montgomery
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 27, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
In these habeas corpus proceedings the petitioner, Joseph Code, claims that his state court conviction for armed robbery is invalid because (1) his trial attorney rendered ineffective assistance of counsel, in violation of the sixth and fourteenth amendments, and (2) the procedures the prosecutor employed to obtain petitioner's in-court identification as the perpetrator of the armed robbery were unnecessarily suggestive, in violation of the due process clause of the fourteenth amendment. The district court denied these claims without an evidentiary hearing. We affirm the district court as to petitioner's due process claim, because the transcript of petitioner's trial indicates that his identification was reliable. We remand petitioner's ineffective assistance of counsel claim to the district court for an evidentiary hearing, however, because critical factual issues underlying that claim have not been resolved. I.
 "Joseph Code v. Montgomery" by Eleventh Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free){kind=link}