Legal Opinion
United States of America Ex Rel. Walter Paul McGough v. H. D. Hewitt, Superintendent, State Prison at Huntingdon
Court of Appeals for the Third Circuit
Decided February 2, 1976No. 75--1465PublishedCited by 45 opinions
1Opinion of the Court
OPINION OF THE COURT
JOSEPH F. WEIS, Circuit Judge.
Petitioner is a state prisoner who alleges a denial of due process because there was no evidentiary hearing to determine his competency before he pleaded guilty to certain charges and stood trial on others. We conclude that a psychiatric report submitted to the trial judge raised such substantial questions about petitioner’s mental soundness that a hearing was required. Accordingly, we vacate and remand to the district court with instructions so that the state may conduct the necessary proceedings.
In March, 1971, petitioner McGough was…
2Cases cited14 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- Dusky v. United StatesSupreme Court of the United States · 1960
- Pate v. RobinsonSupreme Court of the United States · 1966
- Drope v. MissouriSupreme Court of the United States · 1975
- Hawk v. OlsonSupreme Court of the United States · 1945
9 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Godinez v. MoranSupreme Court of the United States · 1993
- Joseph Nara v. Frederick FrankCourt of Appeals for the Third Circuit · 2007
- John Henry Dooley, Jr. P-3111 v. George Petsock. Appeal of John Henry Dooley, Jr.Court of Appeals for the Third Circuit · 1987
- Frendak v. United StatesDistrict of Columbia Court of Appeals · 1979
- United States v. John Digilio, in No. 75-2218. Appeal of Harry Lupo, in No. 75-2219. Appeal of Peter Szwandrak, in No. 75-2220Court of Appeals for the Third Circuit · 1976
40 more not listed; retrieve them via the Exa API.