Roberts v. United States, 5537.
| Decision Date | 21 November 1946 |
| Docket Number | No. 5537.,5537. |
| Citation | 158 F.2d 150 |
| Parties | ROBERTS v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fourth Circuit |
William Wright Roberts, pro se.
Robert S. McNeill, Asst. U. S. Atty., of Greensboro, N. C. (Bryce R. Holt, Acting U. S. Atty., of Greensboro, N. C., on the brief), for appellee.
Before PARKER, SOPER and DOBIE, Circuit Judges.
William W. Roberts, in October, 1943, was indicted for making and forging an endorsement on a Government check. Roberts requested a prompt trial and signified his intention of entering a plea of guilty. He was, on October 18, 1943, duly arraigned before the United States District Court for the Middle District of North Carolina, he entered a plea of guilty and was sentenced to three years imprisonment. After serving more than two years of this sentence in the Atlanta Penitentiary, he was released on conditional parole and the time for revocation of this parole has expired.
Roberts had been previously sentenced by a state court in Florida to a term of imprisonment of 45 years for highway robbery committed in 1930. He had been released by the Florida authorities on parole after serving a part of this sentence. Immediately upon the release of Roberts from the Atlanta Penitentiary, he was taken into custody by the Florida authorities, his Florida parole was revoked on the ground of his conviction for the federal crime and he is now confined in a Florida penal institution.
On June 10, 1946, Roberts filed in the District Court below a petition for writ of error coram nobis in forma pauperis. An order was entered in the District Court appointing Chas. A. Hines, Esq., to act as counsel for Roberts. A hearing was held by the District Court on August 16, 1946, at which the District Court considered the facts presented by counsel and adjudged that the petition for Roberts be denied. Roberts has duly appealed.
Among the grounds assigned by Roberts in his petition for the writ of error coram nobis were the allegations that at the time of entering the plea of guilty he was mentally incompetent to enter an intelligent plea and that he was denied the opportunity to consult counsel and no counsel was appointed by the District Court to represent him. There is nothing in the record to show either that Roberts requested the appointment of counsel or that he was informed by the Court of his right to counsel. There was evidence tending to show mental disability of Roberts, including his confinement in the State...
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