UNITED STATES v. HOLLIS

No. 76-2514.

569 F.2d 199 (1977)

UNITED STATES of America v. Horace Edward HOLLIS, Appellant.

United States Court of Appeals, Third Circuit.

Resubmitted October 7, 1977.

Decided December 29, 1977.


Attorney(s) appearing for the Case

Richard A. Zappa, Young, Conaway, Stargatt & Taylor, Wilmington, Del., for appellant.

James W. Garvin, Jr., U. S. Atty., Wilmington, Del., by John H. McDonald, Asst. U. S. Atty., for appellee.

Before ADAMS, VAN DUSEN and GIBBONS, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

In this case, the appellant, Horace Hollis, raised the issue of his mental competency at arraignment, but no hearing was held to evaluate that claim. He then pleaded guilty. After being incarcerated, Hollis filed a petition for habeas corpus, claiming he was incompetent at the time of his plea, and therefore should be permitted to withdraw it. At the habeas hearing, the trial judge placed on petitioner the burden...

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