United States v. Charles Richard Cook

Fourth Circuit

United States v. Charles Richard Cook

400 F.2d 877, 1968 U.S. App. LEXIS 5582

CourtCourt of Appeals for the Fourth Circuit

DecidedSeptember 10, 1968

Docket11530_1

StatusPublished

Cited by11 cases

This text of 400 F.2d 877 (United States v. Charles Richard Cook) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Charles Richard Cook, 400 F.2d 877, 1968 U.S. App. LEXIS 5582 (4th Cir. 1968).

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Opinion

PER CURIAM:

Charles Richard Cook appeals his conviction on May 11, 1967 for armed bank robbery. 18 U.S.C. § 2113(d). We affirm.

The assignments of error to the judgment stem from the fact that before Cook’s trial his retained counsel, Richard R. Ryder, was suspended from the bar for unethical behavior in conducting appellant’s defense. In re Ryder, 263 F. Supp. 360 (E.D.Va.1967), aff’d per curiam, 381 F.2d 713 (4 Cir. 1967). His foremost protest is that he did not receive a fair trial because his case was heard by one of the judges who sat in the Ryder disciplinary proceeding. The contention lacks merit.

First, he was advised that a motion for a change of venue would be sympathetically heard. Second, he was fully informed of his right to a jury, and his waiver was accepted with the utmost caution. In each instance he was attended by counsel. Finally, that the presiding judge had previously heard evidence concerning Ryder’s deportment did not of itself disqualify him. As we have said, “A judge is presumed not to confuse the evidence in one case with that in another.” Dove v. Peyton, 343 F.2d 210, 214 (4 Cir. 1965).

Cook charges also that he was denied a speedy trial. Here, too, he has no grievance. True, there were delays, but none unreasonable. Indeed, for the most part they were at the request of or for Cook. See United States v. Banks, 370 F.2d 141 (4 Cir. 1966).

*879 With the complaint of delay is the assertion that he was without counsel at a crucial time. Concededly, he was not represented for about six weeks, that is during the inquiry and hearing leading to the discipline of Ryder. However, Cook had not told the Court of his financial inability to obtain another lawyer, and promptly when informed of his indigence, the Court appointed counsel for him. Thus the argument is unsubstantial.

Cook’s other specifications of trial error likewise are ungrounded in law, and the judgment below is affirmed.

Affirmed.

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PER CURIAM:

Charles Richard Cook appeals his conviction on May 11, 1967 for armed bank robbery. 18 U.S.C. § 2113(d). We affirm.

The assignments of error to the judgment stem from the fact that before Cook’s trial his retained counsel, Richard R. Ryder, was suspended from the bar for unethical behavior in conducting appellant’s defense. In re Ryder, 263 F. Supp. 360 (E.D.Va.1967), aff’d per curiam, 381 F.2d 713 (4 Cir. 1967). His foremost protest is that he did not receive a fair trial because his case was heard by one of the judges who sat in the Ryder disciplinary proceeding. The contention lacks merit.

First, he was advised that a motion for a change of venue would be sympathetically heard. Second, he was fully informed of his right to a jury, and his waiver was accepted with the utmost caution. In each instance he was attended by counsel. Finally, that the presiding judge had previously heard evidence concerning Ryder’s deportment did not of itself disqualify him. As we have said, “A judge is presumed not to confuse the evidence in one case with that in another.” Dove v. Peyton, 343 F.2d 210, 214 (4 Cir. 1965).

Cook charges also that he was denied a speedy trial. Here, too, he has no grievance. True, there were delays, but none unreasonable. Indeed, for the most part they were at the request of or for Cook. See United States v. Banks, 370 F.2d 141 (4 Cir. 1966).

*879 With the complaint of delay is the assertion that he was without counsel at a crucial time. Concededly, he was not represented for about six weeks, that is during the inquiry and hearing leading to the discipline of Ryder. However, Cook had not told the Court of his financial inability to obtain another lawyer, and promptly when informed of his indigence, the Court appointed counsel for him. Thus the argument is unsubstantial.

Cook’s other specifications of trial error likewise are ungrounded in law, and the judgment below is affirmed.

Affirmed.

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400 F.2d 877, 1968 U.S. App. LEXIS 5582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-charles-richard-cook-ca4-1968.

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