United States v. Oscar Roca-Alvarez and Rene Valdez
This text of 474 F.2d 1274 (United States v. Oscar Roca-Alvarez and Rene Valdez) 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.
Opinion
ON PETITION FOR REHEARING
It is ordered that the motion for rehearing filed on behalf of Appellant, Oscar Roca-Alvarez, in the above cause is hereby granted.
“In view of the doubts and ambiguities regarding the legal significance of the psychiatric testimony in this case and the resulting difficulties of retrospectively determining the petitioner’s competency” as of more than two years after trial, we reverse the judgment of conviction, “and remand the case to the District Court for a new hearing to ascertain petitioner’s present competency to stand trial, and for a new trial if petitioner is found competent.” Dusky v. United States, 1960, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
474 F.2d 1274, 1973 U.S. App. LEXIS 11612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-oscar-roca-alvarez-and-rene-valdez-ca5-1973.