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Johns v. Smyth

United States District Court for the Eastern District of Virginia

176 F.Supp. 949 (1959)

Relevant factsFree

Johns (defendant) was convicted of first-degree murder after the prosecution introduced his signed statement admitting he killed the victim with a knife following a grabbing incident and an alleged sexual advance; Johns did not testify, and his own attorney submitted no proposed jury instructions and no closing argument, resulting in an instruction covering only first- and second-degree murder, not manslaughter. At the habeas hearing, Johns's trial counsel admitted he personally believed Johns was guilty and that Johns had privately told him the signed statement was false, leading counsel to conclude he couldn't argue the statement was true (or, evidently, argue much of anything in Johns's defense).

IssueFree

Whether, under the Fourteenth Amendment's due process guarantee, a person accused of a crime has a right to an attorney who has no conflict of interest and who devotes his full and faithful efforts to the defense.

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