Legal Opinion

Sturrup v. United States

District Court, E.D. North Carolina

Decided May 30, 1963No. 2801-CRPublishedCited by 2 opinions

1Opinion of the Court

BUTLER, Chief Judge.

This is a motion under 28 U.S.C.A. § 2255 to vacate a sentence of life imprisonment imposed by this Court on September 23, 1948, upon a plea of guilty of second degree murder.

The petitioner alleges as grounds for relief (1) that he was insane at the time of the commission of the offense, and (2) that he was insane or otherwise mentally incompetent at the time of trial and the entry of his plea of guilty. The petitioner alleges that he is now mentally competent.

An examination of the files and records of the case discloses the following facts: The petitioner was indicted for…

2Cases cited17 opinions

  1. Edward B. Bishop v. United StatesCourt of Appeals for the D.C. Circuit · 1955
  2. Nathan Thomas v. W. K. Cunningham, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
  3. James P. Taylor v. United States of America, James Peter Taylor v. United StatesCourt of Appeals for the Eighth Circuit · 1960
  4. Isadore Smith v. United StatesCourt of Appeals for the Ninth Circuit · 1959
  5. United States v. Martin Joseph McNicholasCourt of Appeals for the Fourth Circuit · 1962

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3Cited by2 opinions

  1. Webster v. DailDistrict Court, E.D. North Carolina · 1965
  2. Deese v. United StatesDistrict Court, D. South Carolina · 1969

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