Legal Opinion

United States v. Oscar Roca-Alvarez

Court of Appeals for the Fifth Circuit

Decided November 17, 1971No. 30554PublishedCited by 31 opinions

1Opinion of the Court

DYER, Circuit Judge:

A jury convicted Alvarez under two counts of conspiracy to violate narcotics statutes. 1 Alvarez seeks a reversal of his conviction contending that the trial court erred (1) in denying a motion for a continuance; (2) in denying a motion for disqualification; and (3) in denying a motion for the appointment of a psychiatrist to determine Alvarez’ competency to stand trial. We find no error in the denial of a continuance or in the refusal to disqualify but remand the case for a psychiatric examination of Alvarez.

Alvarez was arrested on June 19, 1970, and counsel was appointed…

2Cases cited14 opinions

  1. Ungar v. SarafiteSupreme Court of the United States · 1964
  2. Berger v. United StatesSupreme Court of the United States · 1921
  3. Avery v. AlabamaSupreme Court of the United States · 1940
  4. United States v. Ralph 'Whitey' Tropiano, Lawrence R. Pellegrino and William Grasso,defendants-AppellantsCourt of Appeals for the Second Circuit · 1969
  5. Plaquemines Parish School Board v. United StatesCourt of Appeals for the Fifth Circuit · 1969

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3Cited by31 opinions

  1. United States v. Herman Franks, (Two Cases). United States of America v. Max Britton, (Two Cases). United States of America v. Boyce MitchellCourt of Appeals for the Sixth Circuit · 1975
  2. United States v. Terry Ray UptainCourt of Appeals for the Fifth Circuit · 1976
  3. Birdie Mae Davis, United States of America, Plaintiff-Intervenor, Edwin Foster, Plaintiff-Intervenor v. Board of School Commissioners of Mobile County, James E. Buskey v. Board of School Commissioners of Mobile County, Birdie Mae Davis, United States of America, Plaintiff-Intervenor, James E. Buskey, Plaintiff-Intervenor-Appellant v. Board of School Commissioners of Mobile CountyCourt of Appeals for the Fifth Circuit · 1975
  4. Alfredo G. Parrish, Etc. v. Board of Commissioners of the Alabama State Bar, Etc., Defendants- Alabama Black Lawyers Association v. Board of Commissioners of the Alabama State Bar, Etc., DefendantsCourt of Appeals for the Fifth Circuit · 1975
  5. Davis v. Board of School CommissionersCourt of Appeals for the Fifth Circuit · 1975

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