Lawrence Ernest Pasta v. United States

Fifth Circuit

Lawrence Ernest Pasta v. United States

433 F.2d 1312

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 2, 1970

Docket28101

StatusPublished

This text of 433 F.2d 1312 (Lawrence Ernest Pasta 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

Lawrence Ernest Pasta v. United States, 433 F.2d 1312 (5th Cir. 1970).

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Opinion

PER CURIAM:

This appeal is from the dismissal by the trial court of a motion under Section 2255, Title 28 U.S.C.A. to vacate sentence without holding an evidentiary hearing. It clearly appearing that, at the time of sentencing, there was sufficient evidence of appellant’s mental incapacity to require a hearing by the trial court, the judgment is reversed and the case is remanded for the holding of a hearing on the question of appellant’s mental capacity to intelligently waive aid of counsel and to understanding^ enter a plea of nolo contendere.

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PER CURIAM:

This appeal is from the dismissal by the trial court of a motion under Section 2255, Title 28 U.S.C.A. to vacate sentence without holding an evidentiary hearing. It clearly appearing that, at the time of sentencing, there was sufficient evidence of appellant’s mental incapacity to require a hearing by the trial court, the judgment is reversed and the case is remanded for the holding of a hearing on the question of appellant’s mental capacity to intelligently waive aid of counsel and to understanding^ enter a plea of nolo contendere.

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Bluebook (online)

433 F.2d 1312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-ernest-pasta-v-united-states-ca5-1970.