William Paul Stephens v. United States

Fifth Circuit

William Paul Stephens v. United States

253 F.2d 443, 1958 U.S. App. LEXIS 3881

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 19, 1958

Docket16811

StatusPublished

This text of 253 F.2d 443 (William Paul Stephens 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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William Paul Stephens v. United States, 253 F.2d 443, 1958 U.S. App. LEXIS 3881 (5th Cir. 1958).

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Opinion

PER CURIAM.

Appellant by motion under 28 U.S.C.A. § 2255, sought to set aside several sentences totalling twelve years on the ground that he was mentally incompetent at the time he pleaded guilty and also that he was denied the assistance of counsel. Upon this motion, the district court appointed competent counsel to represent petitioner and grant him a full hearing, in the course of which he was examined by a psychiatrist appointed by the court. At the conclusion of the hearing the court entered findings of fact and conclusions of law to the effect that at the time of his prior appearances in court petitioner was sane and mentally competent to understand the proceedings and to conduct his own defense, and that with full knowledge and understanding, and upon full advice of his right to counsel, he elected to proceed without counsel; and that his motion should accordingly be denied.

After a careful examination of the record, in connection with the appellant’s brief and the oral argument of his counsel, we find ourselves in agreement with the findings of fact and conclusions of law of the careful and able district court. The judgment is therefore

Affirmed.

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PER CURIAM.

Appellant by motion under 28 U.S.C.A. § 2255, sought to set aside several sentences totalling twelve years on the ground that he was mentally incompetent at the time he pleaded guilty and also that he was denied the assistance of counsel. Upon this motion, the district court appointed competent counsel to represent petitioner and grant him a full hearing, in the course of which he was examined by a psychiatrist appointed by the court. At the conclusion of the hearing the court entered findings of fact and conclusions of law to the effect that at the time of his prior appearances in court petitioner was sane and mentally competent to understand the proceedings and to conduct his own defense, and that with full knowledge and understanding, and upon full advice of his right to counsel, he elected to proceed without counsel; and that his motion should accordingly be denied.

After a careful examination of the record, in connection with the appellant’s brief and the oral argument of his counsel, we find ourselves in agreement with the findings of fact and conclusions of law of the careful and able district court. The judgment is therefore

Affirmed.

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253 F.2d 443, 1958 U.S. App. LEXIS 3881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-paul-stephens-v-united-states-ca5-1958.

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