UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
OSCAR ROCA-ALVAREZ AND RENE VALDEZ, DEFENDANTS-APPELLANTS

5th Cir. | 1973-02-14
No. 30554
474 F.2d 1274 Court of Appeals for the Fifth Circuit (1973) Positive Treatment
Cited by 4 cases

Other
PER CURIAM:

PER CURIAM:

It is ordered that the motion for rehearing filed on behalf of Appellant, Oscar Roca-Alvarez, in the above cause is hereby granted.

“In view of the doubts and ambiguities regarding the legal significance of the psychiatric testimony in this case and the resulting difficulties of retrospectively determining the petitioner’s competency” as of more than two years after trial, we reverse the judgment of conviction, “and remand the case to the District Court for a new hearing to ascertain petitioner’s present competency to stand trial, and for a new trial if petitioner is found competent.” Dusky v. United States, 1960, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824.


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