Tasby v. United States

504 F.2d 332 (8th Cir. 1974)

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Nature of the Case

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Facts

At his original kidnapping trial D testified on his own behalf. This occurred only after a record was made establishing through D's own testimony that his attorney, Peek, had advised him not to take the stand, had explained to him the possible consequences of taking the stand and that D still wished to testify. D brought a petition for post-conviction relief pursuant to 28 U.S.C. § 2255. D claimed the ineffective assistance of counsel. D testified that he did not wish to take the stand at the original trial. D stated that Peek had never advised him not to take the stand, alleging that he was coerced into taking the stand by Peek's statements that he would get 25 years to life if he did not testify. D was put on trial for making a false material declaration. Peek testified to the contrary at D’s trial for making a false material declaration. D was convicted and appealed.