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Taylor v. United States

United States Court of Appeals, District of Columbia Circuit
Jul 7, 1955
226 F.2d 337 (D.C. Cir. 1955)

Summary

In Taylor, one Monroe was indicted for grand larceny and taken by his attorney to a United States Attorney. Monroe began working for the United States Attorney as an informer and as a result thereof purchased narcotics from Taylor.

Summary of this case from United States v. LaVallee

Opinion

No. 12566.

Argued June 8, 1955.

Decided July 7, 1955.

Messrs. James S. Brocard and D.A. St. Angelo, Washington, D.C., for appellant.

Mr. Lewis Carroll, Asst. U.S. Atty., with whom Messrs. Leo A. Rover, U.S. Atty., and Arthur J. McLaughlin, Asst. U.S. Atty., were on the brief, for appellee.

Before PRETTYMAN, FAHY and BASTIAN, Circuit Judges.


This proceeding was filed under 28 U.S.C. § 2255, to vacate the sentence imposed on appellant upon his conviction on a narcotics charge. The main ground urged is that he was denied his right to the effective assistance of counsel, as guaranteed under the Sixth Amendment. Counsel on this appeal were appointed by the District Court and were not appellant's trial counsel.

We think the motion, under the particular circumstances of the case, should have been granted.

Reversed and remanded with directions to vacate the sentence and award a new trial.


I would remand the Section 2255 proceeding to the District Court for a finding, after an evidentiary hearing, including both oral testimony and cross-examination, whether Taylor knew at the time he employed counsel that these counsel represented Monroe. See United States v. Hayman, 1952, 342 U.S. 205, 72 S.Ct. 263, 96 L.Ed. 232.


Summaries of

Taylor v. United States

United States Court of Appeals, District of Columbia Circuit
Jul 7, 1955
226 F.2d 337 (D.C. Cir. 1955)

In Taylor, one Monroe was indicted for grand larceny and taken by his attorney to a United States Attorney. Monroe began working for the United States Attorney as an informer and as a result thereof purchased narcotics from Taylor.

Summary of this case from United States v. LaVallee

In Taylor v. United States (supra), the petitioner was represented by counsel also representing the prosecution's witness, an informer, as a defendant in another case.

Summary of this case from People v. Gonzalez

In Taylor v. United States (226 F.2d 337), the conviction was reversed and a new trial ordered where counsel also represented the informer who was a government witness.

Summary of this case from People v. La Brake
Case details for

Taylor v. United States

Case Details

Full title:James Robert TAYLOR, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, District of Columbia Circuit

Date published: Jul 7, 1955

Citations

226 F.2d 337 (D.C. Cir. 1955)

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