Legal Opinion

Joseph v. Malinauskas v. United States

Court of Appeals for the Fifth Circuit

Decided December 19, 1974No. 74-1256PublishedCited by 37 opinions

1Opinion of the Court

AINSWORTH, Circuit Judge:

Joseph V. Malinauskas, appellant, unsuccessfully sought relief in the District Court under 28 U.S.C. § 2255, contending that his prior guilty plea of having violated the federal bank robbery statute, 18 U.S.C. § 2113, was invalid upon essentially two grounds: (1) that he was mentally incompetent to plead guilty; and (2) that he was under the influence of drugs at the time of the plea. 1

This appeal presents a question of law which has not previously been answered by this Court. We must determine the proper criteria for assessing the degree of mental competence…

2Cases cited22 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. Santobello v. New YorkSupreme Court of the United States · 1971
  3. McCarthy v. United StatesSupreme Court of the United States · 1969
  4. Dusky v. United StatesSupreme Court of the United States · 1960
  5. MacHibroda v. United StatesSupreme Court of the United States · 1962

17 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Godinez v. MoranSupreme Court of the United States · 1993
  2. Terry Allen Bouchillon v. James A. Collins, Director Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1990
  3. Ballard v. SpradleyCourt of Appeals for the Fifth Circuit · 1977
  4. United States v. Nelida RodriguezCourt of Appeals for the Eleventh Circuit · 2014
  5. Donald A. Allard v. Raymond A. HelgemoeCourt of Appeals for the First Circuit · 1978

32 more not listed; retrieve them via the Exa API.

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