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UNITED STATES EX REL. McGOUGH v. HEWITT

No. 75-1465.

528 F.2d 339 (1976)

UNITED STATES of America ex rel. Walter Paul McGOUGH, Appellant, v. H. D. HEWITT, Superintendent, State Prison at Huntingdon, Appellee.

United States Court of Appeals, Third Circuit.

Decided December 18, 1975.

As Amended February 2, 1976.

Attorney(s) appearing for the Case

David Ferleger, Philadelphia, Pa., for appellant.

Bonnie Brigance Leadbetter, Asst. Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Abraham J. Gafni, Deputy Dist. Atty. for Law, F. Emmett Fitzpatrick, Dist. Atty., Bruce A. Franzel, Asst. Dist. Atty., Philadelphia, Pa., for appellee.

Before GIBBONS, Circuit Judge, MARKEY, Chief Judge of Court of Customs and Patent Appeals, and WEIS, Circuit Judge.

OPINION OF THE COURT

JOSEPH F. WEIS, Circuit Judge.

Petitioner is a state prisoner who alleges a denial of due process because there was no evidentiary hearing to determine his competency before he pleaded guilty to certain charges and stood trial on others. We conclude that a psychiatric report submitted to the trial judge raised such substantial questions about petitioner's mental soundness that a hearing was required. Accordingly, we vacate and remand...

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