United States v. Oscar Roca-Alvarez and Rene Valdez, 474 F.2d 1274

ON PETITION FOR REHEARING

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.

Case Details

Case Name: United States v. Oscar Roca-Alvarez and Rene Valdez

Court Name: Court of Appeals for the Fifth Circuit

Date Published: Feb 14, 1973

Citations: 474 F.2d 1274; 1973 U.S. App. LEXIS 11612; 30554

Docket Number: 30554

Court Abbreviation: 5th Cir.