Ruben Portillo Chavez v. United States

The government has moved to expand the record to include the transcript of the competency and guilty plea proceedings held October 7, 1976. It also moves for rehearing based on the expanded record. Despite the government’s egregious and unexcused delay, we grant the motion and the petition.

The central issue on this appeal has always been whether Chavez was denied due process because the trial court failed to order, on its own motion, a hearing on Chavez’s competence to plead guilty. A showing that the October 7, 1976 proceeding included such a hearing and a judicial determination of competence is of critical significance to the government’s case. Before this motion to expand the record was made, our original decision in favor of the petitioner had issued, the case had been under submission for 13 months, and two years and five months had elapsed since the transmission of the record on appeal to this court.

Justice requires timeliness and finality. We are not omniscient. We must make our decisions on the basis of the record the parties, including the government, present to us. In this case the government failed in its responsibility to those it represents and to this court.…