Gill v. United States
Decision Date | 02 January 1964 |
Docket Number | No. 20773.,20773. |
Citation | 325 F.2d 505 |
Parties | Bobby Ray GILL, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Bobby Ray Gill, pro se.
William A. Kimbrough, Jr., Asst. U. S. Atty., Mobile, Ala., Vernol R. Jansen, Jr., U. S. Atty., for appellee.
Before RIVES, JONES and WISDOM, Circuit Judges.
Bobby Ray Gill was charged by indictment with armed robbery of a bank in Sweet Water, Alabama, in violation of section 2113, Title 18, United States Code. He pleaded not guilty and was represented on his trial in the district court by Honorable M. A. Marsal, an able criminal trial attorney. The jury returned a verdict of guilty, and upon the judgment of conviction Gill was sentenced to the custody of the Attorney General for a period of twenty (20) years. The judgment was affirmed by this Court on January 5, 1961. Gill v. United States, 5 Cir., 285 F.2d 711. Thereafter, Gill filed in the district court an application for habeas corpus, which the court treated as a section 2255 motion. In that first application, Gill attacked the indictment as fatally defective and alleged that the court knowingly allowed the introduction of unsworn testimony. The district court denied that application on November 28, 1962. Gill's motion to appeal in forma pauperis was denied by this Court on January 31, 1963, and his application for rehearing was denied February 22, 1963.
Upon receipt of Gill's motion, the district court requested that a psychiatric examination be made of Gill in order to assist the court in deciding whether there was any substance or validity to his claim of mental incompetency. The report signed by the Chief Psychiatrist & Chief Medical Officer of the United States Penitentiary at Leavenworth, Kansas, concludes:
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State v. Robbins
...Cir. 1962); Lauer v. United States, 325 F.2d 990 (6th Cir. 1964); Pike v. United States, 330 F.2d 53 (5th Cir. 1964); Gill v. United States, 325 F.2d 505 (5th Cir. 1964), rev'd on rehearing 330 F.2d 241 (5th Cir. 1964); Doyle v. United States, 336 F.2d 640 (9th Cir. 1964); Burleson v. Unite......
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Gill v. United States, 28222. Summary Calendar.
...On March 4, 1964, Gill filed his second § 2255 motion which the District Court denied. This was affirmed on appeal. Gill v. United States, 5 Cir. 1964, 325 F.2d 505. Rehearing was granted and the judgment was reversed to require that Gill be given a hearing. Gill v. United States, 5 Cir. 19......