This document is a summary of a United States Court of Appeals case. It summarizes that the court found no plain error in the government's closing remarks of the trial. Even if the remarks were improper, the court found that they did not affect the trial outcome given the strong evidence against the defendant. The court also found no basis to claim ineffective assistance of counsel regarding the failure to challenge evidence, as the defendant did not suggest any viable challenge. Any claim relying on facts not in the record must be first presented to the district court. The court affirmed the lower court's ruling.
This document is a summary of a United States Court of Appeals case. It summarizes that the court found no plain error in the government's closing remarks of the trial. Even if the remarks were improper, the court found that they did not affect the trial outcome given the strong evidence against the defendant. The court also found no basis to claim ineffective assistance of counsel regarding the failure to challenge evidence, as the defendant did not suggest any viable challenge. Any claim relying on facts not in the record must be first presented to the district court. The court affirmed the lower court's ruling.
This document is a summary of a United States Court of Appeals case. It summarizes that the court found no plain error in the government's closing remarks of the trial. Even if the remarks were improper, the court found that they did not affect the trial outcome given the strong evidence against the defendant. The court also found no basis to claim ineffective assistance of counsel regarding the failure to challenge evidence, as the defendant did not suggest any viable challenge. Any claim relying on facts not in the record must be first presented to the district court. The court affirmed the lower court's ruling.
On the record before us, we see no basis for an ineffective assistance of counsel claim regarding counsel's failure to challenge the admission of the affidavit, as defendant has not suggested any viable challenge to it.
To the extent, if any, the
claim of ineffective assistance of counsel depends upon facts not
appearing in the record, such a claim must be presented to the district court in the first instance.
Stanley v. Tucker v. William R. Moller, Edmund T. Curran, Regnier, Moller & Taylor, A Partnership, John Does, A, B, C, and D, 445 F.2d 1400, 2d Cir. (1971)