Smith v. United States, Civ. A. No. 1137-N.
Citation | 137 F. Supp. 222 |
Decision Date | 10 January 1956 |
Docket Number | Civ. A. No. 1137-N. |
Parties | Johnny Ray SMITH v. UNITED STATES of America. |
Court | U.S. District Court — Middle District of Alabama |
Hartwell Davis, Robert Varner, and Ralph Daughtry, Montgomery, Ala., for the Government.
William B. Moore, Jr., Montgomery, Ala., for movant Smith.
The above-styled cause was heard by the Court on the issues as reflected by the pleadings and the proof, beginning December 19, 1955, the evidence consisting of the oral testimony of several witnesses, the exhibits presented, both by the movant and the Government, depositions, and various stipulations of the parties which were dictated into the record. This cause arose from the filing of a motion in the United States District Court for the Middle District of Alabama by Johnny Ray Smith under Section 2255, Title 28 of the United States Code; said motion contains many allegations designed to secure a hearing under said section in order to obtain relief from a sentence of thirty years, which was imposed by this Court on the 21st day of November, 1949, this sentence being imposed upon a plea of guilty entered by Johnny Ray Smith in open court to a charge of violating Section 1201(a) of Title 18 of the United States Code. Prosecution was by information filed by the United States Attorney and will hereinafter be fully set out. This motion was filed and this Court declined to entertain the motion. An appeal was taken and the Court of Appeals for this Circuit reversed the action of the District Court and remanded the cause for this hearing, which was held as directed.1
On September 7, 1955, the Honorable William B. Moore, Jr., was appointed as attorney to represent movant in this cause. This appointment was accepted and movant was fairly and conscientiously represented. On November 15, 1955, this Court ordered movant brought from Alcatraz to Montgomery, Alabama, for the purpose of consulting with his attorney and assisting in the preparation for the hearing; said hearing on this motion was set to be heard December 5, 1955. At the request of movant, the matter was continued until December 19, 1955. The processes of the Court were accorded movant whenever requested, and many witnesses were subpoenaed by movant at the expense of the Government.
Over the objection of the Government, the Court permitted an amendment to the motion, said amendment having been filed and made a part of the record in this cause on December 9, 1955. The pertinent portions of the motion and the amendment thereto are:
The issues, simply stated, were as follows:
(1) Was the sentence imposed upon movant by this Court on November 21, 1949, lacking in due process within the meaning of the Fifth Amendment because of the agent of the Federal Bureau of Investigation giving "false" information as it related to the previous criminal record of the movant, which information was communicated to the Court prior to the time the plea of guilty was entered to the criminal charge. In order to determine this question, it was necessary to determine (a) what, if anything, did the agent of the Federal Bureau of Investigation tell the sentencing Court, and (b) the truth or falsity of that information.
(2) Whether movant's physical or mental condition, or both, at the time he appeared for sentencing before the Court was such that he was able to make an intelligent waiver as to counsel, as to venue, and as to indictment.
(3) Whether or not the defendant was charged with a capital offense, and, if so, can he now question the fact that the case was presented by information rather than by indictment.
It is necessary in order to fully understand what transpired in open court prior to and at the time movant was sentenced on November 21, 1949, to refer to that portion of the record.2
Briefly stated, the evidence presented in support of and in opposition to this motion by stipulation, deposition, the record, and oral testimony shows that Johnny Ray Smith broke out of jail in the State of Florida on or about the 12th day of November, 1949, and, in breaking out, fell to the ground, injured his head and back; that he and his two companions, who were codefendants...
To continue reading
Request your trial-
Hattaway v. United States
...the debt of gratitude owed to court-appointed counsel. Smith v. United States, 1955, 5 Cir., 223 F.2d 750, District Court after remand, 137 F.Supp. 222; Smith v. United States, 5 Cir., 1956, 238 F.2d 925; Smith v. United States, 5 Cir., 1957, 240 F.2d 347. 6 "Whoever knowingly transports in......
- Smith v. United States
-
Clayton v. Swift & Company
... ... SWIFT & COMPANY, a corporation, Defendant ... Civ. No. 1101 ... United States District Court W. D. North ... ...