James Edward Corbett v. United States

Fifth Circuit

James Edward Corbett v. United States

296 F.2d 131

Court of Appeals for the Fifth Circuit·Decided November 29, 1961·No. 18939·Published·Cited by 9 cases

Opinion

PER CURIAM.

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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PER CURIAM.

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.

James Edward Corbett v. United States, 296 F.2d 131 (5th Cir. 1961).

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Opinion

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