Jerome Atilus v. United States

Fifth Circuit

Jerome Atilus v. United States

378 F.2d 52, 1967 U.S. App. LEXIS 6074

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 8, 1967

Docket24161_1

StatusPublished

Cited by6 cases

This text of 378 F.2d 52 (Jerome Atilus 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.

Bluebook

Jerome Atilus v. United States, 378 F.2d 52, 1967 U.S. App. LEXIS 6074 (5th Cir. 1967).

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Opinion

PER CURIAM:

This is an appeal from the denial, without a hearing, of appellant’s motion under Section 2255 and a supplement later filed in which he asserts numerous grounds for setting aside the judgment of conviction.

Although we find that many of the grounds asserted are statements of conclusion, without the allegation of any facts, on which a hearing would be required, there is one substantial allegation that there was a severe language barrier that made it impossible for the appellant to understand what the proceedings were during his trial. He alleged that there was a language barrier by virtue of his being Creole French in an English-speaking court. Judging from the allegations contained in his petition, it seems apparent that there was a sufficient allegation of his inability to comprehend the nature of the proceedings, notwithstanding there was a court interpreter present, to require a hearing in the Section 2255 court.

The case is therefore remanded to the trial court to permit a hearing on this issue. Of course, if appellant has any other grounds for relief as to which he can assert substantial facts, these matters should also be inquired of at the same hearing, once they are adequately raised.

The judgment is reversed and the case is remanded for further proceedings.

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PER CURIAM:

This is an appeal from the denial, without a hearing, of appellant’s motion under Section 2255 and a supplement later filed in which he asserts numerous grounds for setting aside the judgment of conviction.

Although we find that many of the grounds asserted are statements of conclusion, without the allegation of any facts, on which a hearing would be required, there is one substantial allegation that there was a severe language barrier that made it impossible for the appellant to understand what the proceedings were during his trial. He alleged that there was a language barrier by virtue of his being Creole French in an English-speaking court. Judging from the allegations contained in his petition, it seems apparent that there was a sufficient allegation of his inability to comprehend the nature of the proceedings, notwithstanding there was a court interpreter present, to require a hearing in the Section 2255 court.

The case is therefore remanded to the trial court to permit a hearing on this issue. Of course, if appellant has any other grounds for relief as to which he can assert substantial facts, these matters should also be inquired of at the same hearing, once they are adequately raised.

The judgment is reversed and the case is remanded for further proceedings.

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Bluebook (online)

378 F.2d 52, 1967 U.S. App. LEXIS 6074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerome-atilus-v-united-states-ca5-1967.

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