Legal Opinion
Fanklin Delano Floyd v. United States
Court of Appeals for the Fifth Circuit
Decided September 2, 1966No. 22372_1PublishedCited by 45 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
In a motion to vacate judgement and sentence pursuant to 28 U.S.C.A. § 2255, appellant raised a serious question as to whether he was mentally competent at the time he entered a plea of guilty and was sentenced. 1 We hold that the District Court’s denial of that motion without a hearing must be reversed on the ground that appellant has never obtained the judicial determination of this question to which he is entitled since the record does not show conclusively that he is entitled to no relief.
Appellant was arrested on March 15, 1963, for robbery of a national…
2Cases cited45 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Townsend v. SainSupreme Court of the United States · 1963
- Fay v. NoiaSupreme Court of the United States · 1963
- Pate v. RobinsonSupreme Court of the United States · 1966
- Sanders v. United StatesSupreme Court of the United States · 1963
40 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Robert v. Bruce v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1973
- James Edward Hall v. United StatesCourt of Appeals for the Fourth Circuit · 1969
- United States v. Johnnie MasthersCourt of Appeals for the D.C. Circuit · 1976
- Tules v. Zapata v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1979
- Brizendine v. SwensonDistrict Court, W.D. Missouri · 1969
40 more not listed; retrieve them via the Exa API.