Cambel Lee Spikes v. United States

Cambel Lee Spikes appeals the district court’s dismissal of his pro se motion for post conviction relief under 28 U.S.C. § 2255 .

On July 16,1976, Spikes pleaded guilty to armed robbery and assault on federal officers. Three months earlier, Spikes suffered multiple gunshot wounds during a shootout at the scene of his arrest for bank robbery. One bullet entered his skull. Doctors had to remove a portion of Spikes’ brain.

Following Spikes’ hospital treatment, the trial judge ordered a comprehensive neu-ropsychiatric examination of the accused to determine if Spikes was competent to stand trial. A psychiatrist, a clinical psychologist, and a neurologist submitted reports. All three stated that, in their opinions, Spikes was competent to stand trial. The experts did not state whether Spikes was competent to plead guilty. No one at that time requested their views on that question.

When Spikes indicated a desire to plead guilty pursuant to a plea bargain, the court conducted the usual Fed.R.Crim.P. 11 proceeding. The court did not order another examination of Spikes’ mental condition. Both the court and counsel apparently thought a second examination unnecessary. The court sentenced…