Legal Opinion
United States v. Johnnie Masthers
Court of Appeals for the D.C. Circuit
Decided June 15, 1976No. 74-1602PublishedCited by 62 opinions
1Opinion of the Court
BAZELON, Chief Judge:
These motions to vacate a plea of guilty (28 U.S.C. § 2255) and to withdraw the plea (Rule 32(d) of the Federal Rules of Criminal Procedure) are based on appellant’s claim of incompetence at the time the plea was entered. Since we find that the record does not “conclusively show that the prisoner is entitled to no relief,”1 it follows that the district court erred in denying these motions without a hearing.
I
Appellant and a co-defendant were charged in a three-count indictment with *723armed robbery,2 robbery,3 and assault with a dangerous weapon.4 The charges stemmed from a…
2Cases cited45 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Johnson v. ZerbstSupreme Court of the United States · 1938
- McCarthy v. United StatesSupreme Court of the United States · 1969
- Dusky v. United StatesSupreme Court of the United States · 1960
- Pate v. RobinsonSupreme Court of the United States · 1966
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3Cited by62 opinions
- Godinez v. MoranSupreme Court of the United States · 1993
- Eddie W. ABBOTT, Plaintiff-Appellant, v. Louis M. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1990
- State v. BennettSupreme Court of Louisiana · 1977
- Bethea v. United StatesDistrict of Columbia Court of Appeals · 1976
- Ciummei v. CommonwealthMassachusetts Supreme Judicial Court · 1979
57 more not listed; retrieve them via the Exa API.