United States v. Frost
672 F. App'x 877
| 10th Cir. | 2016Background
- Adam Frost was convicted by a jury in the D. Colo. of raping a 17‑year‑old (A.W.); consent was the central dispute.
- Frost’s conviction and 200‑month sentence were previously affirmed on direct appeal, United States v. Frost, 684 F.3d 963 (10th Cir. 2012).
- Frost filed a 28 U.S.C. § 2255 motion raising ineffective‑assistance‑of‑counsel claims; the district court denied relief.
- On § 2255 review Frost alleged, inter alia, that trial counsel failed to object to hearsay: (1) two police officers’ testimony recounting A.W.’s out‑of‑home statements to police; (2) a nurse practitioner’s testimony that A.W. said she had loudly resisted.
- The district court concluded Frost failed Strickland’s prejudice prong; Frost sought a certificate of appealability (COA) from this court to appeal that denial.
Issues
| Issue | Plaintiff's Argument (Frost) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not objecting to police testimony repeating A.W.’s statements | The police statements filled a crucial gap showing A.W. reported the rape immediately; without them the prosecution’s case would have a big hole | A.W. and her sister testified that A.W. called her sister immediately and later told her parents, and police response within an hour corroborated an immediate report, so the police testimony was cumulative | COA denied; no reasonable probability of a different outcome |
| Whether trial counsel was ineffective for not objecting to nurse practitioner’s testimony about A.W.’s loud resistance | The nurse’s repetition of A.W.’s statement that she loudly resisted was important evidence of resistance and immediacy | A.W. testified about unsuccessful resistance at trial; the nurse’s statement was cumulative and did not materially add to proof that A.W. complained promptly | COA denied; no prejudice shown |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Sup. Ct.) (two‑prong test for ineffective assistance: performance and prejudice)
- Slack v. McDaniel, 529 U.S. 473 (Sup. Ct.) (standard for issuing a certificate of appealability)
- United States v. Frost, 684 F.3d 963 (10th Cir. 2012) (direct appeal affirming conviction)
Decision: COA DENIED; appeal DISMISSED.