United States Fourth Circuit

District court's denial of defendant' 28 U.S.C.A. section 2255 motion is affirmed as, decisions involving mistrials - whether to seek a mistrial or accept a mistrial offered by the trial court - are tactical decisions left to the sound judgment of counsel, and the decision remains counsel's to make even if the client expresses disagreement with the decision, and counsel's decision is not unreasonable simply because the client disagrees.

Appellate Information

• Argued 12/01/2009
• Decided 01/29/2010
• Published 01/29/2010

Judges

• Before TRAXLER, Chief Judge, and WILKINSON and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED: Lartease Martrell Tiffith, Kirkland & Ellis, LLP, Washington, D.C., for Appellant. Jefferson McClure Gray, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF:Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.