Robert Dean Dickey v. United States

Fifth Circuit

Robert Dean Dickey v. United States

345 F.2d 508, 1965 U.S. App. LEXIS 5556

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 17, 1965

Docket22153_1

StatusPublished

Cited by1 cases

This text of 345 F.2d 508 (Robert Dean Dickey 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

Robert Dean Dickey v. United States, 345 F.2d 508, 1965 U.S. App. LEXIS 5556 (5th Cir. 1965).

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Opinion

PER CURIAM.

This is an appeal from a denial of a motion to vacate a judgment and sentence under 28 U.S.C.A. § 2255, on the ground that the prisoner was mentally incompetent at the time he waived counsel, entered his plea of guilty, and was sentenced. The court denied the motion without a hearing, on a consideration of the arraignment record. The question of the mental incompetency of the prisoner was not raised nor determined at the arraignment or at any other time in the sentencing court.

The prisoner alleged that about five years prior to the arraignment he suffered a head injury which resulted in blackouts, loss of memory and mental derangement and that he was mentally incompetent at the time of the arraignment and sentence. Under these circumstances, the prisoner was entitled to an evidentiary hearing. Gregori v. United States, 5 Cir., 243 F,2d 48.

Reversed and remanded, with instructions to grant the prisoner an evidentiary hearing.

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PER CURIAM.

This is an appeal from a denial of a motion to vacate a judgment and sentence under 28 U.S.C.A. § 2255, on the ground that the prisoner was mentally incompetent at the time he waived counsel, entered his plea of guilty, and was sentenced. The court denied the motion without a hearing, on a consideration of the arraignment record. The question of the mental incompetency of the prisoner was not raised nor determined at the arraignment or at any other time in the sentencing court.

The prisoner alleged that about five years prior to the arraignment he suffered a head injury which resulted in blackouts, loss of memory and mental derangement and that he was mentally incompetent at the time of the arraignment and sentence. Under these circumstances, the prisoner was entitled to an evidentiary hearing. Gregori v. United States, 5 Cir., 243 F,2d 48.

Reversed and remanded, with instructions to grant the prisoner an evidentiary hearing.

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345 F.2d 508, 1965 U.S. App. LEXIS 5556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-dean-dickey-v-united-states-ca5-1965.

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