Wayne Francis Morse v. United States
This text of 323 F.2d 418 (Wayne Francis Morse v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It appears that the District Judge granted a hearing on a number of issues raised by the appellant in a petition under 28 U.S.C.A. § 2255. The petition was far from clear, and apparently the Judge did not consider that there was an additional contention of the appellant in respect to his mental capacity to stand trial. The petition cited certain alleged facts in support of this contention, which seem to require at least the court’s consideration as to whether a hearing is due on this issue. We remand the case for this determination.
Remanded.
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323 F.2d 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wayne-francis-morse-v-united-states-ca4-1963.