Opinion

Willie Wesley Horace v. Louie L. Wainwright, Secretary, Department of Corrections, State of Florida

  • 781 F.2d 1558
  • 1986 U.S. App. LEXIS 22293
Court
Court of Appeals for the Eleventh Circuit
Filed
Feb 14, 1986
Status
Published
Author
Hill
On the bench
Hill, Tuttle, Henderson
Cited by
8 cases

Rule 9(a) dismissal improper where petitioner, due to mental incompetence, lack of funds, and lack of legal assistance, neither knew nor should have known of his right or obligation to bring federal habeas petition

How later courts described this case

  • Rule 9(a) dismissal improper where petitioner, due to mental incompetence, lack of funds, and lack of legal assistance, neither knew nor should have known of his right or obligation to bring federal habeas petition

Written by the judges who cited it.

The opinion

*1566 HILL, Circuit Judge,

specially concurring:

I agree with the opinion insofar as it discusses the fact that petitioner had been adjudicated mentally incompetent and never formally restored to competency. For that reason, the writ must be granted.

Resolution of the competence issue alone requires reversal. I would not reach the question of whether the plea was knowing and voluntary under the procedural approach used by the state trial judge when the plea was taken some twenty years ago.

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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