Opinion

Millard Robert Beasley v. United States

  • 491 F.2d 687
  • 26 A.L.R. Fed. 204
  • 1974 U.S. App. LEXIS 10256
Court
Court of Appeals for the Sixth Circuit
Filed
Feb 1, 1974
Status
Published
Author
Edwards
On the bench
Edwards, Celebrezze, McCree
Cited by
480 cases

holding that it is a violation of the Sixth Amendment for defense counsel to deprive a criminal defendant of a substantial defense by his own ineffectiveness or incompetence

How later courts described this case

  • holding that it is a violation of the Sixth Amendment for defense counsel to deprive a criminal defendant of a substantial defense by his own ineffectiveness or incompetence
  • noting that defense counsel “must conscientiously protect his client’s interest” by asserting “all apparently substantial defenses available to the defendant . . . in a proper and timely manner”
  • holding a strategy could be so bad as to amount to ineffective assistance of counsel
  • “counsel reasonably likely to render and rendering reasonably effective assistance”; “counsel must perform at least as well as a lawyer with ordinary training and skill in the criminal law and must conscientiously protect his client’s interests”

Written by the judges who cited it.

Distinguished

  • Distinguished by Pillette v. Foltz, 580 F. Supp. 1290 (1984)

    While, as we stated in Beasley, the harmless error test is inapplicable to proven claims of ineffective assistance of counsel, the court must first find counsel’s performance constitutionally deficient, and that evaluation inevitably turns in large part on the soundness of counsel’s legal judgments____ Although we have rejected the idea that an attorney’s errors may be held entirely harm
    District Court, E.D. MichiganFeb 22, 1984Read it
  • Distinguished by United States v. Stanley Yelardy, 567 F.2d 863 (1978)

    While, as we stated in Beasley, the harmless error test is inapplicable to proven claims of ineffective assistance of counsel, the court must first find counsel’s performance constitutionally deficient, and that evaluation inevitably turns in large part on the soundness of counsel’s legal judgments.
    Court of Appeals for the Sixth CircuitFeb 28, 1978Read it

The opinion

EDWARDS, Circuit Judge

(concurring).

I concur in Judge Celebrezze’s remand of this case for new trial. The phrase “farce and a mockery, shocking to the Court” is too subjective a standard to employ as the sole criterion for determining whether or not there has been a Sixth Amendment deprivation of counsel.

The District Judge has entered strong findings of fact concerning the incompetence and ineffectiveness of appellant’s trial counsel. These findings do not appear to me to be “clearly erroneous.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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