Batson v. United States

Fifth Circuit Court of Appeals

Decided June 29, 1962.

Rehearing Denied July 20, 1962.

Fifth Circuit Court of Appeals · decided 1962-06-29

Cited by 1 later decisions — most recently June 1962

1 federal appellate ·

2 counsel of record

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

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1962-06-29

View the full empirical analysis of this case →

¶1Chesley Bennie Batson and James Okeven McCurley, pro se.

¶2Clinton Ashmore, U. S. Atty., R. W. Ervin, III, Asst. U. S. Atty., Tallahassee, Fla., for appellee.

¶3Before TUTTLE, Chief Judge, BELL, Circuit Judge, and SIMPSON, District Judge.

¶4PER CURIAM.

¶5The record discloses that in this Motion to Vacate Judgment under 28 U.S. C.A. § 2255, the appellants in open court orally and in writing waive all of the matters touching on arraignment, the indictment by grand jury, venue and appointment of counsel. The trial court therefore properly dismissed the petition without a hearing.

¶6The judgment is

¶7Affirmed.