UNITED STATES v. SUMPTER


111 F.Supp. 507 (1953)

UNITED STATES v. SUMPTER.

United States District Court S. D. New York.

April 10, 1953.


Attorney(s) appearing for the Case

Myles J. Lane, U. S. Atty., New York City (Daniel H. Greenberg, New York City, of counsel), for petitioner.

Thomson & McGinty, New York City (J. C. Thomson, New York City, of counsel), for respondent.


WEINFELD, District Judge.

This is a motion pursuant to Title 28 U.S.C.A. § 2255 for an order vacating the judgment of conviction of Joseph Sumpter, the petitioner, and the sentence imposed thereunder.

The basis of the motion in substance is that the petitioner was deprived of a fair trial because of the lack of effective representation by his counsel. In support of the charge he alleges:

(1) that his attorney was not "mentally alert" during the...

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