United States v. Robert Bradford, 238 F.2d 395 (2d Cir. 1956). · Go Syfert
United States v. Robert Bradford, 238 F.2d 395 (2d Cir. 1956). Cases Citing This Book View Copy Cite
40 citation events (5 in the last 25 years) across 24 distinct courts.
Strongest positive: United States v. Thomas Raymond Ross (ca9, 2003-08-11)
Treatment trajectory · 1958 → 2026 · click a year to view as-of
1958 1992 2026
Top citers, strongest first. 16 distinct citers.
discussed Cited as authority (rule) United States v. Thomas Raymond Ross
9th Cir. · 2003 · confidence medium
Admission to that bar is based on state bar membership, not an independent evaluation of competency. “ ‘It is inconceivable that the failure to take this purely formal step caused any prejudice to appellant.’ ” Derringer v. United States, 441 F.2d 1140, 1141 (8th Cir.1971) (per curiam) (quoting United States v. Bradford, 238 F.2d 395, 397 (2d Cir.1956)).
discussed Cited as authority (rule) United States v. Crawford
9th Cir. · 2002 · confidence medium
A lawyer’s failure to be admitted to the federal bar does not “justify any inference that counsel was not in every way competent to represent appellant and do whatever was required of him as defense counsel.” United States v. Bradford, 238 F.2d 395, 397 (2d Cir.1956).
discussed Cited as authority (rule) Commonwealth v. Thibeault
Mass. App. Ct. · 1990 · confidence medium
Cf. Commonwealth v. Sellon, 380 Mass. 220, 227-228 (1980); Commonwealth v. Beverly, 389 Mass. 866, 870 (1983). 10 See, e.g., United States v. Bradford, 238 F.2d 395, 396-397 (2d Cir. 1956), cert. denied, 352 U.S. 1002 (1957); State v. Jorbin, 151 Ariz. 496, 496-497 (1986).
cited Cited as authority (rule) United States of America in No. 83-5233 v. Anthony J. Costanzo. Appeal of Anthony J. Costanzo in Nos. 82-5767, 83-5341/42
3rd Cir. · 1984 · confidence medium
Derringer v. United States, 441 F.2d 1140, 1141 (8th Cir.1971); United States v. Bradford, 238 F.2d 395, 397 (2d Cir.1956), cert. denied, 352 U.S. 1002 , 77 S.Ct. 558 , 1 L.Ed.2d 546 (1957).
discussed Cited as authority (rule) In Re Michael Rappaport
2d Cir. · 1977 · confidence medium
Even if we were to adopt this rule, it applies only “in the absence of some showing that he lacked the qualifications necessary for the performance of his duties as defense counsel.” United States v. Bradford, 238 F.2d 395, 397 (2d Cir. 1956), cert. denied, 356 U.S. 927 , 78 S.Ct. 717 , 2 L.Ed.2d 759 (1958). 6 .
discussed Cited as authority (rule) United States v. Rudolph Moher, Jr.
2d Cir. · 1971 · confidence medium
In United States v. Bradford, 238 F.2d 395, 397 (2 Cir.), cert. denied, 352 U.S. 1002 , 77 S.Ct. 558 , 1 L.Ed.2d 546 (1959), we held that the inadvertent failure to comply with the rules governing the admis *585 sion to the bar of the district court “in no way cause [s] any infringement of appellant’s constitutional rights nor does it justify any inference that counsel was not in every way competent to represent the appellant * * Even if it were to be assumed that retained counsel’s failure to appear rebutted this presumption of effective assistance, Moher’s court-appointed counsel cou…
discussed Cited "see" Padgett v. United States
D.S.C. · 2004 · signal: see · confidence high
See United States v. Bradford, 238 F.2d 395, 397 (2d Cir.1956) (attorney licensed in state court who failed to seek admission to federal court); Wilson v. People, 652 P.2d 595 (Colo.1982) (counsel who had graduated from law school, passed the bar exam. but had not yet taken the oath); People v. Cornwall, 3 Ill.App.3d 943 , 277 N.E.2d 766 (1971) (out of state attorney who failed to seek admission pro hac vice).
discussed Cited "see" Cantu v. State (2×)
Tex. App. · 1995 · signal: see · confidence high
See United States v. Bradford, 238 F.2d 395 (2d Cir.1956) (attorney licensed in state court but not licensed in Federal court); Wilson v. People, 652 P.2d 595, 597 (Col.Ct.
discussed Cited "see" Commonwealth v. Thomas
Mass. · 1987 · signal: see · confidence high
See United States v. Bradford, 238 F.2d 395 (2d Cir. 1956), cert. denied, 352 U.S. 1002 (1957); Wilson v. People, 652 P.2d 595 (Colo. 1982), cert. denied, 459 U.S. 1218 (1983); Johnson v. State, 225 Kan. 458 (1979); People v. Brewer, 88 Mich. App. 756 (1979).
cited Cited "see" Hunnicutt v. State
Tex. Crim. App. · 1976 · signal: see · confidence high
See United States v. Bradford, 238 F.2d 395 (2nd Cir. 1956) cert. denied, 352 U.S. 1002 , 77 S.Ct. 558 , 1 L.Ed.2d 546 .
cited Cited "see" Joseph Perrone v. United States
2d Cir. · 1969 · signal: see · confidence high
See United States v. Bradford, 238 F.2d 395 (2d Cir. 1956), cert. denied, 352 U.S. 1002 , 77 S.Ct. 558 , 1 L.Ed.2d 546 (1957).
discussed Cited "see" Ansourian v. United States
S.D.N.Y. · 1965 · signal: see · confidence high
See United States v. Bradford, 238 F.2d 395, 397 (2d Cir. 1956), cert, denied, 352 U.S. 1002 , 77 S.Ct. 558 , 1 L.Ed.2d 546 (1957) (noncompliance with Court rules with respect to admission to bar); United States v. Bradford, 122 F.Supp. 915, 918 (S.D.N.Y.1954) (alleged violation of Rule 40(a)).
cited Cited "see" United States v. Baker
E.D. Ark. · 1958 · signal: see · confidence high
See United States v. Bradford, 2 Cir., 238 F.2d 395 ; Shelton v. United States, 5 Cir., 242 F.2d 101 ; United States v. Halley, 2 Cir., 240 F.2d 418 .
discussed Cited "see, e.g." Wayne Kieser v. The People of the State of New York
2d Cir. · 1995 · signal: see, e.g. · confidence medium
See, e.g., United States v. Bradford, 238 F.2d 395, 397 (2d Cir.1956) (no per se Sixth Amendment violation \yhere attorney was duly admitted to state court but had failed to seek admission to federal court), cert. denied, 352 U.S. 1002 , 77 S.Ct. 558 , 1 L.Ed.2d 546 (1957); People v. Cornwall, 3 Ill.App.3d 943 , 277 N.E.2d 766, 767-68 (1971) (same where out-of-state attorney had failed to seek admission pro hac vice); State v. White, 101 N.M. 310 , 681 P.2d 736, 739 (Ct.App.1984) (same where duly admitted out-of-state attorney failed to comply with local rules requiring that he be accompanied …
discussed Cited "see, e.g." United States v. John Novak
2d Cir. · 1990 · signal: see also · confidence medium
See also United States v. Bradford, 238 F.2d 395, 397 (2d Cir.1956) (no per se Sixth Amendment violation where attorney was duly admitted to state court but had failed to seek admission to federal court), cert. denied, 352 U.S. 1002 , 77 S.Ct. 558 , 1 L.Ed.2d 546 (1957); State v. White, 101 N.M. 310 , 681 P.2d 736, 739 (Ct.App.1984) (same where duly admitted out-of-state attorney merely failed to comply with local rules requiring that he be accompanied by local counsel).
cited Cited "see, e.g." United States v. Warren
E.D.N.Y · 1959 · signal: see also · confidence low
See also, United States v. Bradford, 2 Cir., 1956, 238 F.2d 395 .
UNITED STATES of America, Appellee,
v.
Robert BRADFORD, Appellant
18-2112.
Court of Appeals for the Second Circuit.
Nov 5, 1956.
238 F.2d 395
E. F. W. Wildermuth, Jamaica, N. Y., for appellant., Paul W. Williams, U. S. Atty., for the Southern District of New York, New York City (Whitney North Seymour, Jr. and Maurice N. Nessen, New York City, of counsel), for appellee.
Frank, Medina, Hincks.
Cited by 37 opinions  |  Published
MEDINA, Circuit Judge.

On December 12, 1949, appellant was convicted of the crime of using the mails in a scheme to defraud, 18 U.S.C. § 1341. He has served his sentence and is no longer subject to parole or probation. In reliance upon the ruling of the Supreme Court in United States v. Morgan, 346 U.S. 502, 74 S.Ct. 247, 98 L.Ed. 248, however, appellant claims the judgment of conviction is void, and he has attacked it on various grounds, most of which were disposed of when Judge Weinfeld dismissed appellant’s first application for a writ of error cor am nobis on November 23, 1953, as “entirely lacking in merit or substance.” United States v. Bradford, D.C., 122 F.Supp. 915, 920. The appeal from Judge Weinfeld’s order was dismissed for lack of prosecution on October 20, 1955.

Since then appellant discovered that the attorney assigned by the Court to defend him, who had been for more than twenty years a member of the Bar of the State of New York, in good standing, had failed to make formal application for admission to practice before the United States District Court for the Southern District of New York or for leave to try appellant’s case as his counsel.

The sole question before us on this appeal is whether the fact that appellant was represented at his trial by a lawyer who had failed to comply with Rule III of the General Rules of the District Court for the Southern District of New York relative to the admission of members of the Bar to practice before that court [1] makes appellant’s conviction vdid as violative of his rights under the Sixth[*397] Amendment to the Constitution of the United States, which provides: “In all criminal prosecutions, the accused shall enjoy the right '* * * to have the Assistance of Counsel for his defense.” Judge Ryan denied the petition for a writ of error coram nobis, without opinion.

We think appellant’s point is wholly without merit. The failure to comply with Rule III was a mere inadvertence, which in no way caused any infringement of appellant’s constitutional rights; nor does it justify any inference that counsel was not in every way competent to represent appellant and do whatever was required of him as defense counsel. Indeed, Judge Weinfeld has already found: “At each and every stage of all proceedings had with respect to the aforesaid indictments, the defendant at all times had the advice and assistance of competent counsel and was duly and properly represented.” United States v. Bradford, supra, 122 F.Supp. at page 920.

We have no doubt that, had either counsel or the trial judge been aware of the omission, a motion to admit counsel for the purpose of trying the particular case would have been promptly granted. It is inconceivable that the failure to take this purely formal step caused any prejudice to appellant. See United States v. Wight, 2 Cir., 176 F.2d 376, 378, certiorari denied, 338 U.S. 950, 70 S.Ct. 478, 94 L.Ed. 586. Moreover, had counsel been of appellant’s own choosing, in the absence of some showing that he lacked the qualifications necessary for the performance of his duties as defense counsel, it would seem that the trial judge, at least in a criminal case, would have been required to permit him to proceed, despite the fact that counsel had not been admitted to practice in the District. United States v. Bergamo, 3 Cir., 154 F.2d 31.

Nothing to the contrary was held by the Tenth Circuit in Mays v. United States, 10 Cir., 216 F.2d 186, where the claim that the judgment of conviction was void, for violation of rights under the Sixth Amendment, was rejected below without a hearing, despite the fact that there was an allegation that counsel for petitioner had not been admitted to practice in either the state or federal courts in Kansas, where the case was disposed of. The allegation relative to the status of counsel at least raised an inference of incompetency, and Mays merely stands for the proposition that, on the inadequate record there before the court, the petition should not have been summarily disposed of without a hearing.

The allegation here that after the trial had proceeded for a time “appellant was induced by the fraud and coercion” of his said counsel to plead guilty, is purely conclusory and on that account insufficient to support the application. United States v. Pisciotta, 2 Cir., 199 F.2d 603. Furthermore, the same claim seems to have been urged before Judge Weinfeld on the prior motion but was dropped when the government offered in evidence a letter written by appellant, after sentence, thanking the prosecutor for his “moderate recommendation,” in connection with the sentence imposed.

Affirmed.

1

. Rule III, in effect October 28, 1943 through February 29, 1952 provided:

“Any person'who is a member in good standing of the Bar of the State of New Xork, or of the Bar of the State of New Jersey, or who has been duly admitted to the Bar of either of those states when a member in good standing for five years of the Bar of some other state or territory or possession or the District of Columbia or of a foreign country, may be admitted to practice in this Court on compliance with the following provisions: “Each applicant for admissiqn shall file at least five days prior to' the hearing thereon, with the Clerk of this Court, a written petition for admission, duly sworn to, setting forth the time when and court where admitted and his legal training and experience at the Bar, This petition shall be accompanied by affidavits of two attorneys of this Court stating where and when affiants were admitted to practice in this Court, how long and under what circumstances such attorneys have known petitioner, and stating what affiants know of petitioner’s character and experience at the Bar. Such petition shall be placed at the head of the Motion calendar, and, on the call thereof, one of the attorneys whose affidavits accompany the petition shall move the admission of the petitioner, and if admitted, the petitioner’s oath of office shall be taken in open Court.
“Any member in good standing of the Bar of any state or of any United States District Court may upon motion be admitted to argue or to try any cause in whole or in part as counsel or advocate. Only an attorney or proctor of this Court may enter appearances for parties, sign stipulations or receive payment upon judgments, decrees or orders.”
Rule 3, now in force, was promulgated on March 1, 1952, and differs in many respects from that quoted above.