United States Fourth Circuit

Where the defendant could not establish by clear and convincing evidence that post-conviction relief court's findings, that his lawyers consulted with him on both the advantages and disadvantages of his testifying in his own defense and did not offer erroneous advice that forced him to testify in contravention of his right against self-incrimination, were erroneous, his Sixth Amendment claims of ineffective assistance of counsel were barred.

Appellate Information

• Argued 01/24/2002
• Decided 03/11/2002
• Published 03/11/2002

Judges

• Before MOTZ, KING, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Lindsay Osteen, Jr., Adams & Osteen, Greensboro, North Carolina, for Appellant.  Gerald Patrick Murphy, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Walter Lamar Jones, Clifford, Clendenin, O'Hale, Jones, L.L.P., Greensboro, North Carolina, for Appellant.   Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.