Berlin Acey Odom v. United States

This is an appeal from an order denying Odom’s application for relief under § 2255, Title 28, United States Code. The conviction under which Odom is serving time was affirmed by the same panel of this court now sitting on the case. United States v. Odom (9 Cir. 1970) 423 F.2d 875.

Odom raises three questions on appeal: (1) Should the trial judge have disqualified himself from presiding over the 2255 hearing? (2) Did Odom establish he was mentally incompetent to waive counsel at trial? (3) Does Wade v. United States (9 Cir. 1970) 426 F. 2d 64 require a new trial in this case? We affirm.

This…