O'Brien v. State
O'Brien v. State
Opinion of the Court
Motion under Rule 27.26, VAMR. In 1973 movant pleaded guilty to two charges of armed robbery and was sentenced to concurrent ten-year terms of imprisonment.
Movant has challenged his convictions in a post-conviction motion. He contends a psychiatric examination which found him fit to proceed before he pleaded guilty was so brief and perfunctory as to deny him due process.
The post-conviction trial court granted an evidentiary hearing. In 1972 on movant’s motion he had been admitted to Malcolm Bliss Mental Health Center for psychiatric
Movant called Dr. Jacks, a psychiatrist. He testified that the 1972 medical records and psychiatric examinations given movant could — and did — warrant a finding movant was fit to proceed at his trial. Counsel’s assertions that movant’s 1972 examinations were inadequate are not only eonclusory but are refuted by the evidence.
Movant’s further Point Relied On— that he “was denied effective assistance of counsel" without stating wherein and why the court erred — is an abstract statement and preserves nothing for review. Rule 84.04(d).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.