James Edward Corbett v. United States
This text of 296 F.2d 131 (James Edward Corbett v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This appeal from denial of appellant’s 28 U.S.C.A. Section 2255 motion is ruled by our earlier case of Gregori v. United States, 5 Cir., 243 F.2d 48, and Bishop v. United States, 350 U.S. 961, 76 S.Ct. 440, 100 L.Ed. 835. Under the principle announced in those cases, the allegations of the petitioner, taken together with the evidence before the Court touching upon appellant’s mental and neuropsychiatrie history, made it incumbent on the trial court to hold such hearing as is required by Section 2255. The trial court’s in camera analysis of the records does not, as we said in the Gregori case, suffice under the statute.
For further and not inconsistent proceedings, the judgment is
Reversed and the case remanded.
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296 F.2d 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-edward-corbett-v-united-states-ca5-1961.