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Robert E. McCaffrey v. United States

Robert E. McCAFFREY, Appellant, v. UNITED STATES of America, Appellee

McCaffrey v. United States, 328 F.2d 606 (5th Cir. 1964)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
February 25, 1964
Docket
No. 21051_1
Judges
Tuttle, Phillips, Jones
Citations
328 F.2d 6061964 U.S. App. LEXIS 6260

Opinion — Per Curiam

PER CURIAM.

This appeal from denial of a motion to vacate judgment of conviction under § 2255 raises two contentions. The first is that there was no intelligent and effective waiver of counsel. The record is plain. The appellant expressly stated that he did not wish to have counsel. He pleaded guilty and, upon interrogation, reiterated his desire to plead. There is no merit in this contention.

The second ground of appeal is the claim that the motion should not have been denied without a hearing because of his allegation that he was incompetent mentally and physically to waive counsel or enter the guilty plea. The difficulty with this is that appellant does not allege specifically or categorically that he was incompetent or otherwise incapacitated to such a degree that he did not intelligently waive the right to counsel. He skirts all around the subject, but the petition simply does not allege this fact.

There was no error in the order of the trial court denying relief.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1965: 21966: 21968: 21969: 119652026peak 1965 · 2

Relies on it most ⓘ

  1. Hubert James Putt v. United States392 F.2d 64 (5th Cir. 1968)
  2. Mason v. State176 So. 2d 76 (Fla. 1965)
  3. Stephen v. United States304 F. Supp. 10 (E.D. Tex. 1969)
  4. Keith Webb Hayes v. United States399 F.2d 691 (5th Cir. 1968)
  5. Clarence Williams v. United States343 F.2d 472 (5th Cir. 1965)
  6. Isaac McConnico v. United States354 F.2d 1006 (5th Cir. 1966)

Most recent

  1. Stephen v. United States304 F. Supp. 10 (E.D. Tex. 1969)
  2. Keith Webb Hayes v. United States399 F.2d 691 (5th Cir. 1968)
  3. Hubert James Putt v. United States392 F.2d 64 (5th Cir. 1968)
  4. Isaac McConnico v. United States354 F.2d 1006 (5th Cir. 1966)
  5. McConnico v. United States354 F.2d 1006 (5th Cir. 1966)
  6. Mason v. State176 So. 2d 76 (Fla. 1965)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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