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ADAM CARSON,
Petitioner-Appellant,
v.
UNITED STATES OF AMERICA,
Respondent-Appellee. |
Nos. 22-3386/3419 |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland.
Nos. 1:17-cr-00008-1; 1:21-cv-01939—Donald C. Nugent, District Judge.
Decided and Filed: December 13, 2023
Before: BUSH, LARSEN, and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
MURPHY, Circuit Judge. A jury convicted Adam Carson of robbing a bank and
tampering with a witness; a district court sentenced him to 20 years in prison; and we upheld his
convictions and sentence on direct appeal. In these post-conviction proceedings, Carson argues
that his trial attorney provided ineffective assistance by failing to initiate plea negotiations and
by committing several trial mistakes. He also argues that he did not knowingly waive his right to
testify. Yet Carson’s ineffective-assistance claims fail on prejudice grounds. Even if a dispute
of fact exists over whether he asked counsel to look into a plea deal, only speculation supports
his claim that the parties would have reached a deal but for counsel’s inaction. The
overwhelming evidence of his guilt also shows that counsel’s conduct at trial did not affect the
verdict. Lastly, Carson did not object to his counsel’s statement that he did not want to testify.
So our cases require us to presume that he knowingly waived this right. And while Carson now
asserts that counsel misrepresented his wishes, he cannot rebut our presumption with this after-the-fact allegation. We affirm. |
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LYLE M. HEYWARD,
Plaintiff-Appellant,
v.
HEATHER COOPER; CHRIS LAMBERT; JAMES
HAVILAND, Warden; JOANNA FACTOR; C. FOSTER;
CORI SMITH; ALLISON GIBSON; K. RIEHLE; C. ESTER;
P. ENGLES; IMAM IBRAHIM S. ABDUL-RAHIM; B.
GUISE; D. SZABADOS; M. LADESMA; J. CASEY; AMY
MARBURGER; K. BASINGER; M. GIDDENS; I.L.
COLLIER; MIKE DAVID; ALLYSA DAMSCHRODER; K.
LUDWIG; K. MYERS; M. CHRISTEN, in their individual
capacities; B. POTTS,
Defendants-Appellees. |
No. 22-3781 |
Appeal from the United States District Court for the Northern District of Ohio at Toledo.
No. 3:19-cv-02499—Jeffrey James Helmick, District Judge.
Argued: July 20, 2023
Decided and Filed: December 13, 2023
Before: GILMAN, LARSEN, and NALBANDIAN, Circuit Judges.
_________________________
OPINION
_________________________
NALBANDIAN, Circuit Judge. Proceeding pro se in district court, Lyle Heyward filed a
complaint alleging that prison officials frustrated his attempts to celebrate Ramadan in violation
of the First and Fourteenth Amendments and the Religious Land Use and Institutionalized
Persons Act (“RLUIPA”). He also alleges that officials retaliated against him for filing
grievances in violation of the First Amendment. The district court dismissed Heyward’s claims.
We affirm in part and reverse in part. |
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