The following excerpt is from United States v. Cox, 439 F.2d 86 (9th Cir. 1971):
We have read the record and, with the exception of the last contention, hold that the actions of the attorney might be viewed as poor trial tactics, but that such actions, even if "poor" or "careless", did not rise to the dignity of plain or constitutional error. Certainly there is nothing in the record which would justify us in holding that the performance of appellant's attorney was "* * * so incompetent as to make the trial `a farce or a mockery of justice' * * *", which appellant must show in order to prevail. Musgrove v. Eyman, 435 F.2d 1235 (9th Cir. 1971); Kruchten v. Eyman, 406 F.2d 304, 312 (9th Cir. 1969).
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