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

> Court of Appeals for the Eleventh Circuit · February 13, 1984 · 725 F.2d 587

URL: https://www.frixlaw.com/law-library/cases/9471662

## Case

- **Full name:** Billy Sunday BIRT, Petitioner-Appellant, v. Charles N. MONTGOMERY, Warden, Georgia State Prison, Respondent-Appellee
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** February 13, 1984
- **Citations:** 725 F.2d 587; 1984 U.S. App. LEXIS 25535
- **Precedential status:** Published
- **Opinion:** Dissent by Tuttle
- **Judges:** Godbold, Roney, Tjoplat, Hill, Fay, Vance, Kravitch, Johnson, Henderson, Hatchett, Anderson, Clark, Tuttle
- **Cited by:** 103 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9471662

## How later opinions describe it (automated extraction)

- 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”
- establishing need for an evidentiary hearing is petitioner’s burden

## Opinion text

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.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9471662. Public record. Not legal advice.