Robert Lee Stokes v. United States

Petitioner-appellant Robert Stokes appeals the denial of his motion to vacate sentence under 28 U.S.C. § 2255. At issue is the propriety of the hearing conducted by the trial court. We reverse and remand for a new evidentiary hearing.

Stokes claimed in his petition that he was incompetent to stand trial, an issue not raised by his trial counsel. A previous appeal in this case required the district court to “consider the advisability of permitting further development of the relevant facts by discovery or otherwise.” Stokes v. United States, 614 F.2d 775 (7th Cir. 1979) (unpublished order).

The…