691 F.3d 599
5th Cir.2012Background
- Wines appealed a district court denial of his 28 U.S.C. § 2255 motion challenging trial counsel's effectiveness for not allowing him to testify.
- At trial, Woodson testified to Wines's involvement in a drug conspiracy; Chappell was the drug supplier; drugs were found in a vehicle and at Wines’s Dallas residence.
- Wines was convicted on four counts: conspiracy to distribute cocaine base, conspiracy to distribute marijuana, possession with intent to distribute cocaine base, and firearm possession in furtherance of a drug crime.
- A magistrate judge and the district court denied relief; this court granted a COA on the sole issue of ineffective assistance for advising Wines not to testify.
- Evidence at the evidentiary hearing showed Wines claimed he would testify; his lawyer testified he advised against testifying but did not recall forbidding it, and Wines asserted he was ready to testify to innocence.
- The court assumed deficient performance for purposes of argument, but held Wines failed to show prejudice under Strickland’s third prong, affirming the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was counsel ineffective for advising Wines not to testify? | Wines argues failure to call him prejudiced the defense due to credibility and lack of corroborating witnesses. | Caldwell contends decision was a trial strategy to avoid damaging cross-examination and obvious impeachment. | No prejudice shown; decision not prejudicial under Strickland |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard: deficient performance and prejudice)
- Harrington v. Richter, 563 U.S. 86 (U.S. 2011) (prejudice requires substantial probability of different outcome)
- Wong v. Belmontes, 558 U.S. 15 (U.S. 2010) (Strickland prejudice requires substantial likelihood of different verdict)
- Pape v. Thaler, 645 F.3d 281 (5th Cir. 2011) (mixed questions of law and fact in ineffective assistance, de novo review)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (review of performance and prejudice; strategic decisions given deference)