Robert Gray v. United States

319 F.2d 725, 115 U.S. App. D.C. 324, 1963 U.S. App. LEXIS 5401

Opinions

PER CURIAM.

This is an appeal from a conviction of murder in the second degree. The primary issue presented relates to the denial, without prejudice, of appellant’s pro se motion asking for a mental examination. At the time the motion was filed, appellant was represented by counsel of record. Counsel, as well as appellant, was notified of the court’s action. The motion was not re-urged and on trial appellant’s counsel specifically eschewed raising the mental issue. Appellant, with new counsel on appeal, argues that the pro se motion should have been granted.

It was reasonable for the trial court to assume, in denying the motion without prejudice, that if the appellant, after consultation with his lawyer, wanted to press the motion, it would be refiled. The motion for mental examination was not refiled and the mental issue was not raised. Consequently, nothing is presented for review. Compare Johnson v. United States, 110 U.S.App.D.C. 187, 189, 290 F.2d 378, 380 (1961).

The other claims of error urged by appellant have been considered by the court. They are without support in this record.

Affirmed.