VINES v. U.S.

No. 92-4419.

28 F.3d 1123 (1994)

Miguel VINES, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 17, 1994.


Attorney(s) appearing for the Case

Harvie S. DuVal, Greenfield & Duval, Miami, FL, for appellant.

Linda Collins Hertz, William Xanttopoulos, Asst. U.S. Attys., Miami, FL, for appellee.

Before COX and BIRCH, Circuit Judges, and SMITH, Senior Circuit Judge.


COX, Circuit Judge:

This appeal arises out of the denial of Miguel Vines's § 2255 motion. On this appeal we must determine whether the temporary absence of a defendant's trial counsel during the presentation of evidence necessarily gives rise to an irrebuttable presumption of prejudice that mandates vacation of that defendant's conviction. We conclude that the temporary absence of counsel during the presentation of evidence is not per se violative of the Sixth...

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