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.