Hallowell v. United States
| Decision Date | 27 June 1952 |
| Docket Number | No. 13926.,13926. |
| Citation | 197 F.2d 926 |
| Parties | HALLOWELL v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Jack Nossaman, Sherman, Tex., for appellant.
Warren G. Moore, U. S. Atty., Harlon Martin, Asst. U. S. Atty., Tyler, Tex., for appellee.
Before HOLMES, BORAH and RIVES, Circuit Judges.
This is an appeal from an order of the United States District Court for the Eastern District of Texas denying Henry Arthur Hallowell's third motion in that court to vacate sentence and judgment under the provisions of Title 28, United States Code, section 2255.
On January 13, 1950, Hallowell was brought before the United States District Court for the Eastern District of Texas to stand trial on an information charging the interstate transportation of a stolen motor vehicle. In response to the trial judge's inquiry as to whether he desired to be represented by counsel, Hallowell replied in the negative. The trial judge then determined that the accused had signed a waiver of indictment and upon entry of a plea of guilty, adjudged Hallowell guilty as charged and sentenced him to imprisonment for a term of five years.
On May 12, 1950, Hallowell filed a motion to vacate the judgment and sentence on the ground that he had been deprived of the assistance of counsel in violation of the Constitution of the United States. This motion was apparently bottomed on the general contention that he could not waive his right to be represented by counsel. The motion was denied, without a hearing, on the ground that the defendant had intelligently and voluntarily waived his right to be represented by counsel.
A second motion to vacate the judgment and sentence was filed on April 27, 1951. This motion alleged, among other things, that appellant had been adjudged insane by an Oklahoma court immediately prior to his arrest; that the sentencing court did not have knowledge of this incompetency; and that his disability made it impossible for him to properly waive his right to the assistance of counsel. In reply, the Warden of the United States Penitentiary at Leavenworth, Kansas, appearing by and through the United States Attorney, denied that Hallowell had ever been adjudicated insane by an Oklahoma court or any other court. Thereafter, and without a hearing, the court entered an order denying the motion on the ground that it was the second successive motion filed by this prisoner for similar relief.
Finally, on November 10, 1951, Hallowell again moved to vacate judgment and sentence on the same ground as that asserted in the second motion. A like reply was filed by the Warden and, without hearing, the court again entered an order denying the motion. In its order the court stated that two previous motions to vacate the same sentence and judgment had been denied and that the motion contained no merit. From this order, Hallowell appeals.
The Sixth Amendment to the Constitution of the United States guarantees that in all criminal prosecutions the accused shall enjoy the right to have the assistance of counsel for his defense. This right the accused may waive but the responsibility of determining whether there is an intelligent and competent waiver rests on the trial judge. If the accused is not represented by counsel and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as a judicial bar to a valid conviction and sentence.
Title 28, United States Code, Section 2255, provides in part as follows:
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