WOODROW W. GAINEY, JR., APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE

5th Cir. | 1964-10-16
No. 21392
337 F.2d 419 Court of Appeals for the Fifth Circuit (1964) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Asserted with resourceful vigor by ■court-appointed counsel, the Appellant .seeks reversal of the denial by the District Court of his § 2255 petition.

The District Court held full hearings on the § 2255 petition. Petitioner was there likewise represented by experienced ■counsel. A consideration of this record convinces us that there was ample basis from qualified medical-psychiatric experts for the trial Court’s conclusion that at the time of his trial, Petitioner had the requisite mental capacity to stand trial and assist in his defense. The hearings and the evidence satisfied the requirements elucidated in Bishop v. United States, 1956, 350 U.S. 961, 76 S.Ct. 440, 100 L.Ed. 835; Dusky v. United States, 1960, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824; Van De Bogart v. United States, 5 Cir., 1962, 305 F. 2d 583, 588; Corbett v. United States, 5 Cir., 1961, 296 F. 2d 131, and similar cases.

Affirmed.


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