MARINO v. UNITED STATES

No. 78-2789 Summary Calendar.

600 F.2d 462 (1979)

Joseph MARINO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 7, 1979.


Attorney(s) appearing for the Case

George D. Gold, Miami, Fla., for petitioner-appellant.

Joel C. Fanning, Linda Collins Hertz, Asst. U. S. Attys., Miami, Fla., for respondent-appellee.

Before COLEMAN, FAY and RUBIN, Circuit Judges.


PER CURIAM:

The factual setting is unusual. The principles applicable are well settled. The issue is whether retained counsel was ineffective because he called defendant to the witness stand and, after a few perfunctory questions, tendered the defendant for cross-examination. To the surprise of counsel, the prosecuting attorney chose to stay out of the mousetrap and asked no questions. We conclude that failure of the trial lawyer's tactic does not show that he was...

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