Opinion

Billy Sunday Birt v. Charles N. Montgomery, Warden, Georgia State Prison

  • 725 F.2d 587
  • 1984 U.S. App. LEXIS 25535
Court
Court of Appeals for the Eleventh Circuit
Filed
Feb 13, 1984
Status
Published
Author
Tuttle
On the bench
Godbold, Roney, Tjoplat, Hill, Fay, Vance, Kravitch, Johnson, Henderson, Hatchett, Anderson, Clark, Tuttle
Cited by
103 cases

stating that Sixth Amendment right to counsel has four components: right to have counsel, minimum quality of counsel, a reasonable opportunity to select and be represented by chosen counsel, and right to preparation period sufficient to assure minimum quality counsel

How later courts described this case

  • stating that Sixth Amendment right to counsel has four components: right to have counsel, minimum quality of counsel, a reasonable opportunity to select and be represented by chosen counsel, and right to preparation period sufficient to assure minimum quality counsel
  • noting that the “burden is on the petitioner in a habeas corpus proceeding to establish the need for an evidentiary hearing”
  • en the undersigned recommends that Norton’s habeas petition (Doc. 1) be DISMISSED with prejudice as time-barred pursuant to 28 U.S.C. § 2244(d)(1
  • sixth amendment right to counsel has four components: right to have counsel, minimum quality of counsel, a reasonable opportunity to select and be represented by chosen counsel, and right to preparation period sufficient to assure minimum quality counsel

Written by the judges who cited it.

The opinion

TUTTLE, Senior Circuit Judge,

dissenting:

I concur in the results stated in Judge Hatchett’s dissent and the text of his opin *608 ion except as to the matter discussed in fn. 18 of the majority opinion. As to that issue, I dissent from the majority’s holding that because of the assumed facts, the proposed testimony of Reeves was not “material.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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