Recent Development by Michael Duquesnay
Waymon Spriggs murdered Allen Ray Pickett. After consulting with court-appointed counsel, he pled guilty to the charge of first-degree murder. The presentence investigation report (PSI) noted that Spriggs's prior criminal record included arrests for burglary and possession of controlled substances, as well as a conviction for auto theft and several misdemeanor convictions for illegal weapons possession. The PSI further stated that Spriggs had “‘a long history of assaultive and aggressive behavior.’” The Texas trial court sentenced Spriggs to serve thirty-five years in prison. After exhausting his state appeals, Spriggs filed a petition for habeas corpus in the federal district court under 28 U.S.C. § 2254, alleging that trial counsel's failure to object to impermissible statements in the PSI rendered the assistance ineffective. The district court denied relief. The Fifth Circuit affirmed, holding that counsel's failure to object to inaccurate statements in the PSI is not a violation of the Sixth Amendment right to counsel if such failure, though deficient, does not significantly increase the defendant's sentence. Spriggs v. Collins, 993 F.2d 85, 88-89 (5th Cir. 1993) (per curiam).
About the Author
Michael Duquesnay.
Citation
68 Tul. L. Rev. 1383 (1994)