United States v. Breaton, 14428.
| Decision Date | 13 June 1961 |
| Docket Number | No. 14428.,14428. |
| Citation | 290 F.2d 856 |
| Parties | UNITED STATES of America, Plaintiff-Appellee v. Marvin Ferris BREATON, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
David W. Matthews, of Taft, Stettinius & Hollister, Cincinnati, Ohio, for appellant.
Carl F. La Rue, Sp. Asst. U. S. Atty., Toledo, Ohio, Russell E. Ake, U. S. Atty., Cleveland, Ohio, and Carl F. La Rue, Sp. Asst. U. S. Atty., Toledo, Ohio, on brief, for appellee.
Before McALLISTER, CECIL and WEICK, Circuit Judges.
Appellant has appealed from an order of the District Court denying his motion to vacate sentence. A transcript of the record of the hearing was furnished at Government expense. We appointed counsel for him here who ably presented his claims of error.
Breaton was convicted by a jury in the District Court on two counts of an indictment charging bank robbery. He was sentenced to serve 20 years on one count and 25 years on the other, the sentences to run concurrently and was fined $10,000. He did not appeal from the judgment of conviction.
In his motion to vacate, Breaton claimed that he was insane at the time of his trial and also at the time the alleged offense was committed. He further claimed that he did not have effective assistance of counsel at his trial.
The District Court granted a hearing on his motion to vacate and appointed competent counsel to represent him. Appellant offered no evidence at the hearing in support of his motion. The Government, on the other hand, offered evidence to establish that appellant's claims were unfounded. Appellant, at the hearing, sought to make out his case by cross-examination of the Government's witnesses. In this, he was unsuccessful.
Two expert medical witnesses were offered by the Government. They both specialized in psychiatry and one of them was employed at U. S. Medical Center at Springfield, Missouri where appellant was under treatment. Both doctors gave their opinions that Breaton was not insane at the time of his trial, but had possession of his faculties and was fully able to understand and appreciate the nature of the proceedings and cooperate with his counsel in the defense of the case. Cross-examination of these witnesses proved ineffectual.
Appellant claims that the District Judge should have directed a further inquiry into his mental condition at the time the alleged crime was committed. Appellant had the opportunity of offering evidence to this effect in the District Court if he desired to do so. He did not avail himself of...
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State v. Chavez
...is equivocal. Defendant has the burden of establishing his claims. State v. Moser,78 N.M. 212, 430 P.2d 106 (1967); United States v. Breaton, 290 F.2d 856 (6th Cir. 1961). If the evidence before the court is accepted as true and that evidence fails to establish the claim made, the failure o......
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Breaton v. United States
...may be determined without production of the prisoner. The Ohio court denied the motion. The Court of Appeals affirmed. United States v. Breaton, 6 Cir., 290 F.2d 856. In its opinion the Court of Appeals thus discusses the "In his motion to vacate, Breaton claimed that he was insane at the t......
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Daugherty v. United States, 71-1059.
...to meet his burden of showing a denial of effective assistance of counsel asserted in the above allegations. See United States v. Breaton, 290 F.2d 856 (6th Cir. 1961); Edwards v. United States, 103 U.S.App.D.C. 152, 256 F.2d 707 Petitioner further argues that even if the District Court was......