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

> Court of Appeals for the Eleventh Circuit · February 14, 1986 · 781 F.2d 1558

URL: https://www.frixlaw.com/law-library/cases/9474479

## Case

- **Full name:** Willie Wesley HORACE, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, State of Florida, Respondent-Appellee
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** February 14, 1986
- **Citations:** 781 F.2d 1558; 1986 U.S. App. LEXIS 22293
- **Precedential status:** Published
- **Opinion:** Concurrence by Hill
- **Judges:** Hill, Tuttle, Henderson
- **Cited by:** 8 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/9474479

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9474479. Public record. Not legal advice.