District court’s denial of defendant’ 28 U.S.C.A. section 2255 motion is affirmed as, decisions involving mistrials - whether to seek a mistrial or accept a mistrial offered by the trial court - are tactical decisions left to the sound judgment of counsel, and the decision remains counsel’s to make even if the client expresses disagreement with the decision, and counsel’s decision is not unreasonable simply because the client disagrees.   

Read US v. Chapman, No. 08-7976

Appellate Information

Argued: December 1, 2009

Decided: January 29, 2010

Judges

Opinion by Chief Judge Traxler

Counsel

For Appellant:   Lartease Martrell Tiffith, Kirkland & Ellis LLP

For Appellee:    Jefferson McClure Gray, Office of the US Attorney

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