Archie Raymond Streator v. United States
Court of Appeals for the Fifth Circuit
1Per curiam
This petition under 28 U.S.C. § 2255 involves an appeal from a denial of a motion to vacate the sentence on the ground that appellant was mentally incompetent to stand trial and, because of this incompetency, his waiver of counsel and subsequent plea of guilty were not intelligently or voluntarily made. The motion was denied without a hearing, and the failure to hold a hearing is the principal issue involved. The requirement of a hearing on such a petition depends on whether or not the allegations are valid and substantial and cannot be resolved from the motion, the files and prior records. A…
2Cases cited3 opinions
- Bobby Gene Johnson v. United StatesCourt of Appeals for the Fifth Circuit · 1965
- Fanklin Delano Floyd v. United StatesCourt of Appeals for the Fifth Circuit · 1966
- Herman Edward Nelms v. United StatesCourt of Appeals for the Fourth Circuit · 1963
3Cited by6 opinions
- Archie Raymond Streator v. United StatesCourt of Appeals for the Fifth Circuit · 1968
- State v. GuyNew Mexico Court of Appeals · 1968
- Edward Cardenas Sanchez v. United StatesCourt of Appeals for the Fifth Circuit · 1968
- Newton v. United StatesDistrict Court, S.D. Texas · 1971
- Archie Raymond Streator v. United StatesCourt of Appeals for the Fifth Circuit · 1970
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