United States v. Pledger

Fourth Circuit Court of Appeals

Argued April 5, 1962.

Decided April 9, 1962.

Fourth Circuit Court of Appeals · decided 1962-04-09

Cited by 8 later decisions — most recently September 1969

6 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Pledger v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1962-04-09

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¶1Lee Kelberg and Robert M. White, Norfolk, Va., for appellant.

¶2C. V. Spratley, Jr., U. S. Atty., for appellee.

¶3Before SOBELOFF, Chief Judge, and SOPER and BOREMAN, Circuit Judges.

¶4PER CURIAM.

¶5This case was here once before on Pledger’s appeal from an order of the District Court dismissing without a hearing his petition under 28 U.S.C.A. § 2255. We remanded for a hearing. Pledger v. United States, 272 F.2d 69 (4th Cir. 1959). The sole issue presented at the hearing was whether the defendant was mentally competent at the time of his trial and conviction. On this issue the District Court heard testimony including that of the attorney who had been employed by the defendant himself and who defended him at the trial. The District Court concluded upon the testimony that the defendant was in fact competent to stand trial and to cooperate with his counsel. This conclusion is well supported in the evidence.

¶6Affirmed.