John Papalia v. United States

Eleven months after sentencing, petitioner, John Papalia, moved to withdraw his plea of guilty, Fed.R.Crim.P. 32(d), or in the alternative to vacate the sentence, 28 U.S.C. § 2255 (1958), on the ground that at the time of the plea and sentencing he “was mentally incompetent to either plead or be sentenced.” After hearing the testimony of Papalia and his supporting witnesses, the district judge summarily granted the government’s motion to dismiss with the terse comment, “The case is a tissue of lies from A to Z.” On this appeal Papalia claims (1) that the district judge erred in failing to…