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We have repeatedly emphasized, however, that appellate counsel need not advance every conceivable argument on appeal. Torres, 32 F.
See e. His conviction and sentence were affirmed by this court. The issues Donovan cites here are neither obvious nor clearly stronger than those presented and decided on direct appeal. The district court rejected this claim based primarily upon the second prong of the test for newly discovered evidence. We note, too, that Kizel's indictment is a public record which Donovan or his counsel could have obtained before trial.
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He argues, however, that this procedural default should be excused because of counsel's ineffectiveness the same lawyer represented Donovan both at trial and on appeal.
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United States, 77 F. United States, 51 F. The forfeiture of Donovan's automobile did not place him in jeopardy a second time.
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After trial, however, Prostitutes Donovan obtained one storage facility document that the government did not obtain or introduce.
- Bagley, U.
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- Donovan argues first, with regard to counsel's performance on appeal, that the issues raised on direct appeal had little chance of Prowtitutes, that counsel should have recognized as much, and that the issues he raised in his petition were fundamental defects resulting in a complete miscarriage of justice.
- See Kyles, S.
- Donovan argues that the testimony elicited by the prosecutor Kizel his ownership Kizzel a racing car and house was prejudicial, and should have prompted objections by counsel.