Padgett v. United States
District Court, E.D. North Carolina
1Opinion of the Court
LARKINS, District Judge:
SUMMARY
This cause comes before the Court upon petitions to vacate and set aside sentence, filed in forma pauperis and pursuant to Title 28 U.S.C.A. § 2255. Issues were joined upon respondent filing answer and moving for dismissal of the petitioner’s motions.
In the first petition dated October 15, 1965, it is contended that petitioner is entitled to a hearing due to the fact that the Court, in sentencing petitioner stated, “as a special recommendation, the Court requests that the defendant be given psychiatric treatment and observation if necessary.” Petitioner further…
2Cases cited14 opinions
- Sanders v. United StatesSupreme Court of the United States · 1963
- MacHibroda v. United StatesSupreme Court of the United States · 1962
- Thomas A. Kent v. United StatesCourt of Appeals for the First Circuit · 1959
- United States v. B. D. TaylorCourt of Appeals for the Fourth Circuit · 1962
- Richard O. Cain v. United StatesCourt of Appeals for the Eighth Circuit · 1959
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3Cited by4 opinions
- Combs v. TurnerUtah Supreme Court · 1971
- State v. MorrisCourt of Appeals of North Carolina · 1968
- State v. DickensCourt of Appeals of North Carolina · 1979
- Combs v. TurnerUtah Supreme Court · 1971