United States Tenth Circuit

Defendant's motion for a certificate of appealability of the district court's denial of his 28 U.S.C. section 2255 motion to vacate defendant's sentence is denied where: 1) the court had ample evidence before it both of defendant's history of emotional problems and his competency as of the date of the plea colloquy; and 2) when a habeas petitioner claims ineffective assistance of counsel, he impliedly waives attorney-client privilege with respect to communications with his attorney necessary to prove or disprove his claim.

Appellate Information

• Decided 10/26/2009
• Published 10/26/2009

Judges

• Before HARTZ, EBEL and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jeremy Vaughn Pinson, Talladega, AL, pro se.


• For Appellees:
  
• James F. Robinson, Esq., Randal A. Sengel, Esq., United States Attorney's Office, Oklahoma City, OK, for Plaintiff-Appellee.