Legal Opinion

Welton Swinney v. United States

Court of Appeals for the Fifth Circuit

Decided February 19, 1970No. 27811PublishedCited by 4 opinions

1Per curiam

This is an appeal from the denial of a motion to vacate sentence under 28 U.S. C.A. § 2255. The petitioner, Welton Swinney, was originally tried and convicted in March, 1966, for the offenses of conspiring to pass forged United States postal money orders and stealing property of the United States post office. His conviction was affirmed by this court in Swinney v. United States, 5 Cir. 1968, 391 F.2d 190. Subsequently, Swinney brought this action under § 2255, seeking post-conviction relief.

The sole basis of Swinney’s petition is a claim that he was mentally incompetent to stand trial at the…

2Cases cited12 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. John Joseph Blake v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  3. Huey R. Lee v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1969
  4. John Edward Merrill v. United StatesCourt of Appeals for the Fifth Circuit · 1964
  5. Fanklin Delano Floyd v. United StatesCourt of Appeals for the Fifth Circuit · 1966

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3Cited by4 opinions

  1. Robert v. Bruce v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1973
  2. Arthur J. Nathaniel v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
  3. McGarrity v. BetoDistrict Court, S.D. Texas · 1971
  4. Robert v. Bruce v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1973

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