DUVAL

v.

UNITED STATES

Citator

Cited By

• Berlin Acey Odom v. United States, 455 F.2d 159 (9th Cir. 1972)
  …re a new trial in this case? We affirm. This circuit has held that the trial or sentencing judge is not disqualified from hearing and deciding a motion pursuant to 28 U.S.C., § 2255. Dukes v. United States (9 Cir. 1969) 407 F. 2d 863, cert. denied, 396 U.S. 897, 90 S.Ct. 193, 24 L.Ed.2d 174; King v. United States (9 Cir. 1968) 402 F. 2d 58. The trial court held a hearing, took evidence on the mental competency issue and found against Odom. His findings are not clearly erroneous. The only substantial issu…
• Gravenmier v. United States, 469 F.2d 66 (9th Cir. 1972)
  …rticular § 2255 motion. It is well established in this circuit that the trial judge can hear and decide motions made pursuant to 28 U. S.C. § 2255. Dukes v. United States, 407 F. 2d 863 (9th Cir., 1969), rehearing denied April 9, 1969, cert. denied 396 U. S. 897, 90 S.Ct. 193, 24 L.Ed.2d 174; Odom v. United States, 455 F. 2d 159 (9th Cir., 1972). The same rule applies even when the § 2255 motion is based on a claim that the trial judge should have disqualified himself from presiding over the trial. Judge Re…