Frazier Eaton v. United States

The district court, following an evi-dentiary hearing pursuant to remand [United States v. Eaton, 416 F.2d 22 (9th Cir. 1969)], rejected Eaton’s claim of inadequate trial representation due to his retained counsel’s “unexplained failure to subpoena a material witness” and denied him § 2255 relief.

It concluded, in substance, that counsel’s non-action was not due to inadvertence or neglect but instead was part of counsel’s careful trial strategy and that Eaton was adequately represented.

The record fully supports these factual conclusions. Counsel testified that, after discussions with Eaton, he interviewed Carter, the prospective witness, but was convinced that Carter— who was a government informer — would be “the worst possible witness to call on behalf of the defense.” And, as the district judge noted, at the trial counsel “evidenced a thorough knowledge and understanding of the case.”

Eaton also urges that he was not afforded an opportunity to participate in the decision not to call Carter and was consequently deprived of the Sixth' Amendment guarantee of compulsory process for the production of witnesses. The argument rests on the premise that this right may not be waived…