Legal Opinion
United States of America Ex Rel. Frank Phelan v. Joseph R. Brierley, Warden, State Correctional Institution, Philadelphia, Pennsylvania
Court of Appeals for the Third Circuit
Decided October 26, 1971No. 18880PublishedCited by 4 opinions
1Opinion of the Court
*75OPINION OF THE COURT
ADAMS, Circuit Judge.
In this ease, petitioner, a state prisoner attacks his convictions for first-degree murder and conspiracy to murder, principally on the ground that he was mentally incompetent1 and thereby unable to assist counsel during the arraignment and the degree of guilt hearing which followed the entry of his plea of guilty to murder generally. In addition, Phelan alleges that the trial court denied him effective assistance of counsel when it rejected motions to hire investigators and experts, and to provide for a mental examination; that the trial court did not…
2Cases cited28 opinions
- Pate v. RobinsonSupreme Court of the United States · 1966
- Leland v. OregonSupreme Court of the United States · 1952
- Durham v. United StatesCourt of Appeals for the D.C. Circuit · 1954
- United States v. Donald Kenneth CurrensCourt of Appeals for the Third Circuit · 1961
- Commonwealth v. LopinsonSupreme Court of Pennsylvania · 1967
23 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States of America Ex Rel. Ronald James Dessus v. Commonwealth of PennsylvaniaCourt of Appeals for the Third Circuit · 1971
- United States of America Ex Rel. Walter Paul McGough v. H. D. Hewitt, Superintendent, State Prison at HuntingdonCourt of Appeals for the Third Circuit · 1976
- Leroy Williams, 004336 v. Louie L. WainwrightCourt of Appeals for the Eleventh Circuit · 1983
- United States of America Ex Rel. Frank Phelan v. Joseph R. Brierley, Warden, State Correctional Institution, Philadelphia, PennsylvaniaCourt of Appeals for the Third Circuit · 1971