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Chang v. United States

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Argued: October 26, 2000

Appeal from an order of the United States District Court for the Eastern District of New York (I. Leo Glasser, Judge) denying appellant’s petition for a writ of habeas corpus. Appellant argues that his petition, which alleged that defense counsel prohibited him from testifying at trial, should not have been denied without a full testimonial hearing. We conclude that appellant was entitled to a hearing but affirm on the ground that the district court’s review of the submitted papers, including a detailed affidavit from trial counsel, satisfied that requirement.

John Chang appeals from Judge Glasser’s denial of his petition for a writ of habeas corpus challenging his conviction and sentence for various narcotics offenses involving heroin trafficking. See Chang v. United States, No. 98-CV-7354, 1999 WL 439097 (E.D.N.Y. May 3, 1999). Although the petition asserted several claims, we granted a certificate of appealability limited to Chang’s claim of a denial of his right to the effective assistance of counsel. See Chang v. United States, No. 99-2471 (2d Cir. Oct. 20, 1999) (order). Chang’s ineffective assistance claim is based on his allegations that his counsel prohibited him from testifying and that he would have testified had he known that counsel had no power to prevent him from doing so. At the request of the district court, Chang’s trial counsel submitted a detailed affidavit contradicting Chang’s version of the events. After reviewing the submitted papers, the district court denied Chang’s motion. Chang claims that it was error not to hold a full testimonial hearing.

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