Thomas J. Patterson, 92810 v. United States
Thomas J. PATTERSON, #92810, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee
Opinion
PER CURIAM:
Appellant Patterson filed a habeas corpus petition in the district court pursuant to 28 U.S.C. § 2255 (1970) seeking to have his previous conviction of escaping from federal custody in violation of 18 U.S.C. § 751 (1970) set aside. As a basis for relief, appellant contended that his court-appointed counsel had refrained from requesting the court to have him examined for possible insanity at the time of his escape. Because of the alleged incompetence of counsel, appellant contended that he had been denied due process of law. ■ The district court conducted a hearing to ascertain the facts surrounding appellant’s claims. Appellant and two witnesses testified that appellant had indeed requested counsel to seek a psychiatric examination. Court-appointed counsel denied ever receiving such a request. Crediting the counsel’s testimony, the district court denied relief.
We affirm. Factual questions must be determined by the district court, and unless clearly erroneous are binding on the court of appeals.
See United States v. Strother, 458 F.2d 424, 430 (5th Cir. 1972). Since this case falls within the well established rule,, we are bound to affirm the district court’s determinations of the factual issues.
Affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(convergence between "substantial evidence" and "arbitrary or capricious" criteria)
Cited by 4 cases
View all citing references →Relies on it most ⓘ
- Jerry Lane Jurek v. W. J. Estelle, Jr., Director, Texas Department of Corrections
- Son H. Fleming v. Ralph Kemp
- American Federation of Labor & Congress of Industrial Organizations v. Ray Marshall, Secretary of Labor, United States Department of Labor, Cotton Warehouse Association v. Ray Marshall, Secretary of Labor, United States Department of Labor, and Eula Bingham, Assistant Secretary of Labor, U. S. Department of Labor and Occupational Safety and Health Administration, U
- American Federation of Labor & Congress of Industrial Organizations v. Marshall
Most recent
- Son H. Fleming v. Ralph Kemp
- Jerry Lane Jurek v. W. J. Estelle, Jr., Director, Texas Department of Corrections
- American Federation of Labor & Congress of Industrial Organizations v. Ray Marshall, Secretary of Labor, United States Department of Labor, Cotton Warehouse Association v. Ray Marshall, Secretary of Labor, United States Department of Labor, and Eula Bingham, Assistant Secretary of Labor, U. S. Department of Labor and Occupational Safety and Health Administration, U
- American Federation of Labor & Congress of Industrial Organizations v. Marshall
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