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Opinion
139 F.3d 191 · Court of Appeals for the Fifth Circuit · Sep 10, 1997
Full text
Emery v. Johnson
S.D. Texas · Feb 1, 2023
E.D. Pennsylvania · Dec 15, 2022
S.D. Texas · Sep 30, 2022
Parentheticals
holding that defendant's right to testify not violated where defendant understood right and attorney did not coerce waiver of the right
holding a futile or meritless objection does not support a claim of ineffective assistance of counsel
explaining that “testimony about the confession was duplicative of [other] testimony” and thus the petitioner “cannot demonstrate that a third source of the same confession would have sufficed to change the result of his trial”
“[F]ailure to assert a merit- less objection cannot be grounds for a finding of deficient performance.”
this court may affirm the district court’s denial of habeas relief on any grounds supported by the record
“failure to assert a meritless objection cannot be grounds for a finding of deficient performance”
“A criminal defendant has a constitutional right to testify on his own behalf.” (citation omitted)
"This right [to testify] can be waived only by the defendant, not by his counsel."
“[F]ailure to assert a meritless objection cannot be grounds for a finding of deficient performance.”
a futile 8 or meritless objection cannot be grounds for a finding of deficient performance
a futile or meritless objection cannot be grounds for a finding of deficient performance
a futile or meritless objection cannot be grounds for a finding of deficient performance
