Gearhart v. United States, 14879.
Decision Date | 24 September 1959 |
Docket Number | No. 14879.,14879. |
Citation | 272 F.2d 499,106 US App. DC 270 |
Parties | John A. GEARHART, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Carl W. Belcher, Asst. U. S. Atty., with whom Mr. Oliver Gasch, U. S. Atty., was on the brief, for appellee. Mr. Edward C. O'Connell, Asst. U. S. Atty., also entered an appearance for appellee.
Before PRETTYMAN, Chief Judge, and WASHINGTON and DANAHER, Circuit Judges.
This is a criminal case, in which the issue is whether the District Court abused its discretion in not allowing appellant to withdraw his plea of guilty prior to the imposition of sentence.
On August 12, 1958, appellant was arrested and charged with forgery and the interstate transportation of forged securities. See 18 U.S.C. § 2314 (1952); D.C.Code § 22-1401 (1951). On October 15, 1958, appellant signed a waiver of indictment and pleaded guilty in open court to all counts of an information. He was represented by court-appointed counsel. On November 14, 1958, appellant, prior to sentencing, moved to withdraw his plea of guilty on the ground that he was incompetent and not mentally responsible for his actions at the time of the offenses alleged in the information. Appellant attributed his condition to a "brainlock" or mental block which had plagued him from early childhood and alleged that the reason he had never mentioned this before was because it was "personal, and much to do with the relationship between my father and myself." During the course of the hearing on the motion, appellant's counsel stated that the mental blocks apparently occurred when the appellant was under mental stress. He also stated that appellant had undergone psychiatric treatment while he was incarcerated in the state penitentiary at Moundsville, West Virginia, and had received a psychiatric discharge from the United States Army prior to World War II, although he subsequently reenlisted and obtained an honorable discharge at a later date. Government counsel objected to the motion, on the ground that the motion made no mention of appellant's
The District Court then commented that the only claim being made by the accused was that he was of unsound mind at the time of the alleged offenses, and no claim was made of incompetency at the time of the waiver, or of present incompetency. Government counsel agreed, but added:
The court sentenced appellant to serve from two to six years on each count of the information, to run concurrently. On November 21, 1958, the judgment and commitment were filed. Appellant thereupon sought permission to appeal in forma pauperis, which was granted.
We believe that the District Court's reliance on the Miller case1 was not well taken. There, the defendant moved to withdraw his plea after sentence had been imposed. In such circumstances, the "court * * * may set aside the judgment of conviction and permit the defendant to withdraw his plea" when necessary in order "to correct manifest injustice." Fed.R.Crim.P. 32(d), 18 U.S.C. When, however, as here, the motion to withdraw the plea is made before sentence is imposed, this court has interpreted the first clause of Rule 32(d) to set a more lenient standard. Where a guilty plea had been received from a defendant appearing without counsel, we said: "Leave to withdraw a guilty plea prior to sentencing should be freely allowed." Poole v. United States, 1957, 102 U.S.App.D.C. 71, 75, 250 F.2d 396, 400. And the Supreme Court in broad dictum already had said that "The court in exercise of its discretion will permit one accused to substitute a plea of not guilty and have a trial if for any reason the granting of the privilege seems fair and just." (Emphasis added.)...
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