United States v. Ora Ray Robinson, 502 F.2d 894 (7th Cir. 1974). · Go Syfert
United States v. Ora Ray Robinson, 502 F.2d 894 (7th Cir. 1974). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 1977 · …for counsel's practical decisions in the hustings, at p. 896
21 citation events (4 in the last 25 years) across 11 distinct courts.
Strongest positive: Luis Sanchez v. Jefferson Sessions (ca9, 2018-09-19)
Treatment trajectory · 1974 → 2026 · click a year to view as-of
1974 2000 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Luis Sanchez v. Jefferson Sessions
9th Cir. · 2018 · confidence medium
In such circumstances, the Government cannot simply rely on the existence of untainted evidence to continue with removal proceedings that are “tainted from their roots.” Castaneda- Delgado v. INS, 525 F.2d 1295, 1302 (7th Cir. 1975) (quoting United States v. Robinson, 502 F.2d 894, 896 (7th 26 SANCHEZ V.
discussed Cited as authority (rule) Brown v. United States
D.C. · 1995 · confidence medium
See Botanic v. I.N.S., 12 F.3d 662, 667 (7th Cir.1993) (when party is deprived of right to counsel, a new hearing with counsel is required); United States v. Robinson, 502 F.2d 894, 896 (7th Cir.1974) (“When no lawyer appears to represent the defendant, and his request for legal representation is wholly denied, the proceedings are tainted from their roots.”) (citing Glasser v. United States, 315 U.S. 60, 76 , 62 S.Ct. 457, 467 , 86 L.Ed. 680 (1942)); United States v. Watson, 496 F.2d 1125, 1129-30 (4th Cir.1973) (only new trial can cure denial of statutory right to be represented by two at…
discussed Cited as authority (rule) United States v. Donald Lynn Shetterly
7th Cir. · 1992 · confidence medium
Citing United States v. Robinson, 502 F.2d 894, 897 (7th Cir.1974), which noted that “[cjompetent defense counsel may well share the view that frequent and repeated objections” may serve to alienate and antagonize the jury, Mr. Shetterly apparently argues that his counsel should not have objected as much as he did. ■ However, such conduct is within the realm of counsel’s trial strategies and tactics.
discussed Cited as authority (rule) Munden v. State
Wyo. · 1985 · confidence medium
Crispin v. Mancusi, 448 F.2d 283, 237 (2d Cir.), cert, denied, 404 U.S. 967 , 92 S.Ct. 346 , 30 L.Ed.2d 288 (1971); United States v. Robinson, 502 F.2d 894, 896 (7th Cir.1974), a ‘tactical decision’, United States v. Decoster, 624 F.2d 196, 213-14 (D.C.1979) (en banc), a ‘matter of professional judgment’, Williams v. Beto, 354 F.2d 698, 703 (5th Cir.1965), ‘particularly within the realm of trial strategy’, Commonwealth v. Tarver, 253 Pa.Super. 185, 190 , 384 A.2d 1292, 1295 (1978), and ordinarily will not form the basis for a claim of ineffective assistance of counsel, Finer, Ineff…
discussed Cited as authority (rule) United States v. Edwin R. Salovitz
2d Cir. · 1983 · confidence medium
Crispin v. Mancusi, 448 F.2d 233, 237 (2d Cir.), cert. denied, 404 U.S. 967 , 92 S.Ct. 346 , 30 L.Ed.2d 288 (1971); United States v. Robinson, 502 F.2d 894, 896 (7th Cir.1974), a “tactical decision”, United States v. Decoster, 624 F.2d 196, 213-14 (D.C.1979) (en banc), a “matter of professional judgment”, Williams v. Beto, 354 F.2d 698, 703 (5th Cir.1965), “particularly within the realm of trial strategy”, Commonwealth v. Tarver, 253 Pa.Super. 185, 190 , 384 A.2d 1292,1295 (1978), and ordinarily will not form the basis for a claim of ineffective assistance of counsel, Finer, Ineffe…
discussed Cited as authority (rule) United States v. Eugene Harris (2×)
7th Cir. · 1977 · confidence medium
The Sixth Amendment does not require perfect representation and we will not substitute our judgment "for counsel's practical decisions in the hustings," United States v. Robinson, 502 F.2d 894, 896 (7th Cir. 1974), simply because hindsight might suggest that it was a mistake to repeat a previously successful cross- examination tactic. 5 IV 22 Defendant was sentenced to imprisonment for a period of five years, which is the maximum term authorized by Section 1503.
discussed Cited as authority (rule) Raudel Castaneda-Delgado and Sebastiana Godina De Castaneda v. Immigration and Naturalization Service
7th Cir. · 1975 · confidence medium
This Circuit recently reiterated this view in United States v. Robinson, 502 F.2d 894, 896 (7th Cir. 1974), where it was stated: The harmless-error doctrine applies with diminished rigor when the right to counsel is at stake ....
discussed Cited "see, e.g." Hernandez Lara v. Barr
1st Cir. · 2020 · signal: see also · confidence medium
Whereas "[a] criminal defendant who alleges ineffective assistance of counsel must generally show prejudice," a defendant who was denied access to counsel need not because a "denial of counsel more fundamentally affects the whole of a proceeding than ineffective assistance of counsel." Montes-Lopez v. Holder, 694 F.3d 1085, 1092 (9th Cir. - 30 - 2012); see also Castaneda-Delgado, 525 F.2d at 1301 ("When no lawyer appears to represent the defendant, and his request for legal representation is wholly denied, the proceedings are tainted from their roots, and there is no room for 'nice calculation…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Ora Ray ROBINSON, Defendant-Appellant
19-2930.
Court of Appeals for the Seventh Circuit.
Aug 23, 1974.
502 F.2d 894
1974 U.S. App. LEXIS 7111
Max Tyson, Chicago, 111., for defendant-appellant., Henry A. Schwarz, U.S. Atty., Frederick J. Hess, Asst. U.S. Atty., E. St. Louis, 111., for plaintiff-appellee.
Swygert, Kil-Ey, Hoffman.
Cited by 20 opinions  |  Published
JULIUS J. HOFFMAN, Senior District Judge.

Defendant, convicted of robbing a bank while armed with a sawed-off shotgun, has appealed on the sole ground that his trial attorney was incompetent, depriving him of his right to effective assistance of counsel as guaranteed by the Sixth Amendment.

The fact that defendant was convicted on all three counts of the indictment offers no support for any inference of incompetence. The prosecution’s case was strong. Two bank employees directly identified defendant in the courtroom as one of the robbers and as the bearer of the illegal weapon. An automobile matching the description of the getaway car was pursued by the state police until it was abandoned, and its occupants fled into the woods. Defendant was arrested in that vicinity. Part of the stolen money and a sawed-off shotgun were found in the abandoned car, and more of the stolen money was recovered in the woods near where defendant was seized. Fingerprints in the car and on one of the stolen bills[*896] were identified by a government expert as the defendant’s prints.

The harmless-error doctrine applies with diminished rigor when the right to counsel is at stake, as Mr. Justice Stewart observed in his concurrence in Chapman v. California, 386 U.S. 18, 43, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). When no lawyer appears to represent the defendant, and his request for legal representation is wholly denied, the proceedings are tainted from their roots, and there is no room for “nice calculations as to the amount of prejudice” flowing from the denial. See Glasser v. United States, 315 U.S. 60, 76, 62 S.Ct. 457, 467, 86 L.Ed. 680 (1942). But where^ as here, a defendant is represented by counsel, present and participating throughout the proceeding, the strength of the case may at least repel the temptation to conclude that the fact of conviction itself demonstrates that counsel was ineffective. The defensive strategy and its lack of success must be evaluated in the light of the strengths and weaknesses of the offense, and “the quality of legal representation cannot be abstractly measured without reference to the merits of a defendant’s case .” United States ex rel. Testamark v. Vincent, 496 F.2d 641, 643 (2 Cir. 1974).

For self-evident reasons, the courts are constrained to avoid substituting their hindsight views of wiser strategy for counsel’s practical decisions in the hustings. “Counsel’s concern is the faithful representation of the interests of his client and such representation frequently involves highly practical considerations as well as specialized knowledge of the law.” Tollett v. Henderson, 411 U.S. 258, 268, 93 S.Ct. 1602, 1608, 36 L.Ed.2d 235 (1973). Accordingly, the appellant’s burden is heavy. “Unless a strong showing is made that conduct of counsel virtually deprived defendant of a trial, matters of trial conduct and tactics adopted pursuant to defense counsel’s professional opinion on the merits of the case should not be subjected to critique by a court of appeals.” United States v. Bella, 353 F.2d 718, 719 (7 Cir. 1965). See United States v. Stevens, 461 F.2d 317 (7 Cir. 1972). Weighed in the balance against these cautions, the defendant’s claims of incompetent counsel fail to meet the requisite standard as repeatedly applied by this Court:

“Retrospective disappointment with the conduct of the hearing does not prove deprivation of one’s constitutional right to assistance of counsel. [Citations omitted.] Nor is perfection guaranteed. The essential integrity of the proceedings was preserved. This was no travesty of justice. See United States v. Dilella, 354 F.2d 584, 587 (7 Cir. 1965), and cases there cited.” Calhoun v. United States, 454 F.2d 702-703 (7 Cir. 1971), cert. denied 405 U.S. 1019, 92 S.Ct. 1302, 31 L.Ed.2d 482 (1972). See also United States v. Stahl, 393 F.2d 101, 103 (7 Cir. 1968), cert. denied 393 U.S. 879, 89 S.Ct. 181, 21 L.Ed.2d 152 (1969); Johnson v. United States, 422 F.2d 555 (7 Cir. 1970).

Here the record contains nothing to indicate that the trial was a total sham or mockery. See United States v. Ingram, 477 F.2d 236 (7 Cir. 1973). The proceeding was not mere farce. United States ex rel. Feeley v. Ragen, 166 F.2d 976, 980-981 (7 Cir. 1948).

The particulars offered to support the claimed incompetence fall far short of the mark. Defendant’s trial counsel failed to make an opening statement, “but surely this is trivial, and [he] was acting well within the bounds of competence in waiting to see how the state’s case unfolded.” United States ex rel. Crispin v. Mancusi, 448 F.2d 233, 237 (2 Cir. 1971), cert. denied 404 U.S. 967, 92 S.Ct. 346, 30 L.Ed.2d 288 (1971). A second specification urges that incompetence is shown by counsel’s failure to object to certain hearsay testimony, particularly the testimony of the arresting and investigating officers containing mentions of orders they received, to supply a background explana[*897] tion for their actions. Competent defense counsel may well share the view that frequent and repeated objections, especially on hearsay grounds, serve only to alienate and antagonize the jury. The failure to object thus does not demonstrate incompetence. See United States v. Goldsmith, 483 F.2d 441 (5 Cir. 1973); United States v. Benthiem, 456 F.2d 165 (1 Cir. 1972). In the same vein, defendant argues that his counsel was incompetent because he failed to conduct an aggressive cross-examination of the government’s fingerprint expert. It is not incompetence, however, for trial counsel to conclude that a detailed cross-examination would be counter productive, emphasizing and accentuating the adverse evidence. For such reasons, we have held that the absence of cross-examination does not establish ineffective assistance of counsel. See United States v. Radford, 452 F.2d 332 (7 Cir. 1971). Finally, defendant complains that his trial counsel failed to move for an order to exclude witnesses, to prevent the second bank employee called to the stand from hearing the testimony of the first bank employee who immediately preceded her as a witness. The record does not disclose whether or not the second witness was present in the courtroom during the testimony of the preceding witness, and there is no contradiction of the United States Attorney’s report in the brief that the prosecution had voluntarily agreed to exclude witnesses. In any event, the matter rests within the discretion of the trial judge, and does not involve prejudice sufficient to warrant reversal. See Holder v. United States, 150 U.S. 91, 14 S.Ct. 10, 37 L.Ed. 1010 (1893).

In sum, we find no support for a conclusion that defendant, as a practical matter, lacked the aid of a lawyer. His attorney made a brief but emphatic closing argument, concentrating upon the issues of identification. His trial tactics remain a matter for his judgment, not ours. Accordingly, the judgment must be affirmed.

Affirmed.