After Davis had purchased five ounces of cocaine from Pruitt, the police arrested Pruitt as he exited the apartment building. The police recorded a conversation between Davis and Pruitt in which Pruitt agreed to sell four ounces of cocaine to Davis and scheduled the transfer to occur at one of Pruitt's apartments at 9921B Sloane Square. After his arrest, Davis identified his source of cocaine as Stanley Pruitt and agreed to arrange an additional purchase of cocaine from Pruitt. Louis police department arrested one Donnie Davis late in the evening of November 16, 1989, in possession of a small quantity of cocaine. The section 924(c) "use and carry" charge for November 17, 1989, originated in a separate incident. Having reviewed the record, we find that Hughes' performance was not deficient within the meaning of the Strickland test. A reasonable probability is a probability sufficient to undermine confidence in the outcome." Id. Counsel's performance prejudices an individual's defense if "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Counsel's performance is deficient if "counsel's representation below an objective standard of reasonableness." Id. To establish an ineffective assistance claim, a defendant must show that his counsel's performance was deficient and that the deficient performance prejudiced his defense. Santana next argues that the district court violated his Sixth Amendment right to effective assistance of counsel by requiring him to go forward with Hughes as counsel. Indeed, with the exception of two days, Caldwell was present and available to assist Hughes in Santana's defense.
#CARLOS SANTANA CONSPIRE TRIAL#
When the trial resumed on September 3, both Hughes and Caldwell were present, as they were on every day thereafter. Caldwell was not present on August 28, but no testimony was offered on that date directly pertinent to Santana. Moreover, Caldwell was in fact present and assisted Hughes on August 26. On August 26, Madelyn Torres delivered testimony potentially damaging to Santana however, the trial transcript demonstrates that Hughes skillfully cross-examined her. The district court denied Hughes' motion and ruled that it would hold trial from August 26 through August 28, but agreed to continue the case from August 29, to resume five days later on September 3, 1991. On Friday, August 23, Hughes informed the court that Caldwell had been forced to undergo surgery and requested a continuance of a week for him to prepare to substitute as Santana's trial counsel. The trial began on August 12, 1991, with Caldwell acting as Santana's trial counsel.
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