Richard C. Martin v. United States

Fifth Circuit

Richard C. Martin v. United States

373 F.2d 334

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 21, 1967

Docket23808_1

StatusPublished

Cited by1 cases

This text of 373 F.2d 334 (Richard C. Martin 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.

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Richard C. Martin v. United States, 373 F.2d 334 (5th Cir. 1967).

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Opinion

PER CURIAM:

Appellant was charged by an eight-count indictment with the commission of various offenses, all of which stem directly or indirectly from the armed robbery of the First National Bank of Jacksonville, Alabama. Upon entry of a plea of guilty, he was sentenced to thirty years imprisonment by the District Court for the Northern District of Alabama on October 31, 1955. A motion to vacate the conviction and sentence pursuant to Title 28 U.S.C. § 2255 was denied by the sentencing court on May 20, 1966.

Appellant contends he was mentally incompetent at the time of his trial and when the offenses were committed. In considering these arguments, the District Court did not conduct an evidentiary hearing, but relied instead upon various medical and psychiatric reports from the Bureau of Prisons.

Appellee admits factual issues were properly before the District Court and suggests that this matter be returned for a hearing on the questions of appellant’s competence at the time of the trial and when the offenses were committed. Accordingly, the judgment of the District Court is reversed and the cause is remanded for a factual determination, after hearing, of the questions outlined herein.

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PER CURIAM:

Appellant was charged by an eight-count indictment with the commission of various offenses, all of which stem directly or indirectly from the armed robbery of the First National Bank of Jacksonville, Alabama. Upon entry of a plea of guilty, he was sentenced to thirty years imprisonment by the District Court for the Northern District of Alabama on October 31, 1955. A motion to vacate the conviction and sentence pursuant to Title 28 U.S.C. § 2255 was denied by the sentencing court on May 20, 1966.

Appellant contends he was mentally incompetent at the time of his trial and when the offenses were committed. In considering these arguments, the District Court did not conduct an evidentiary hearing, but relied instead upon various medical and psychiatric reports from the Bureau of Prisons.

Appellee admits factual issues were properly before the District Court and suggests that this matter be returned for a hearing on the questions of appellant’s competence at the time of the trial and when the offenses were committed. Accordingly, the judgment of the District Court is reversed and the cause is remanded for a factual determination, after hearing, of the questions outlined herein.

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373 F.2d 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-c-martin-v-united-states-ca5-1967.

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