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United States First Circuit


Smith v. Dickhaut, 15-1770

Denial of petition for writ of habeas corpus relief from conviction of first-degree murder, armed home invasion, and unlawful possession of a firearm, is affirmed over petitioner's claims that: 1) he had been deprived of his constitutionally protected right to effective legal representation when trial counsel failed to fully and properly advise him about his right to testify at trial; 2) because he waived his right to testify based upon counsel’s erroneous (and constitutionally deficient) advice, that waiver was invalid; and 3) trial counsel provided deficient representation by failing to marshal and present exculpatory evidence in his defense.

Appellate Information

  • Published 2016/09/07

Judges

  • McAULIFFE

Court

  • United States First Circuit

Counsel

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