C. Willie Williams v. State of Florida

Fifth Circuit

C. Willie Williams v. State of Florida

384 F.2d 719, 1967 U.S. App. LEXIS 4720

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 27, 1967

Docket24742_1

StatusPublished

This text of 384 F.2d 719 (C. Willie Williams v. State of Florida) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

C. Willie Williams v. State of Florida, 384 F.2d 719, 1967 U.S. App. LEXIS 4720 (5th Cir. 1967).

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Opinion

PER CURIAM:

Appellant, C. Willie Williams, appeals from an order of the District Court denying a habeas corpus petition.

Appellant is presently serving a life sentence in a Florida State penitentiary for second-degree murder. In his habeas corpus petition, appellant stated as a reason for not taking an appeal from the conviction that he was not aware of or properly advised by counsel or the trial *720 court of his right to appeal. The District Court denied the writ without a hearing, and in written reasons failed to discuss and to make any findings on appellant’s claim that he was not advised of his right to appeal. Such an allegation requires an evidentiary hearing. Walter v. Wainwright, 5 Cir., 1967, 373 F.2d 322; Wainwright v. Simpson, 5 Cir., 1966, 360 F.2d 307.

Vacated and remanded.

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PER CURIAM:

Appellant, C. Willie Williams, appeals from an order of the District Court denying a habeas corpus petition.

Appellant is presently serving a life sentence in a Florida State penitentiary for second-degree murder. In his habeas corpus petition, appellant stated as a reason for not taking an appeal from the conviction that he was not aware of or properly advised by counsel or the trial *720 court of his right to appeal. The District Court denied the writ without a hearing, and in written reasons failed to discuss and to make any findings on appellant’s claim that he was not advised of his right to appeal. Such an allegation requires an evidentiary hearing. Walter v. Wainwright, 5 Cir., 1967, 373 F.2d 322; Wainwright v. Simpson, 5 Cir., 1966, 360 F.2d 307.

Vacated and remanded.

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Bluebook (online)

384 F.2d 719, 1967 U.S. App. LEXIS 4720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/c-willie-williams-v-state-of-florida-ca5-1967.

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