James W. Willett v. State of Georgia

Fifth Circuit

James W. Willett v. State of Georgia

591 F.2d 1206, 1979 U.S. App. LEXIS 16061

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 21, 1979

Docket77-1123

StatusPublished

This text of 591 F.2d 1206 (James W. Willett v. State of Georgia) 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

James W. Willett v. State of Georgia, 591 F.2d 1206, 1979 U.S. App. LEXIS 16061 (5th Cir. 1979).

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Opinion

PER CURIAM:

Petitioner correctly points out that his habeas corpus petition was “mixed” (containing both exhausted and unexhausted claims), that the district court reached the merits of the exhausted claim in which petitioner contended that his guilty plea was involuntary, and that therefore, pursuant to Galtieri v. Wainwright, 582 F.2d 348 (CA5, 1978) (en banc), we should review this claim.

The petition for rehearing is GRANTED and our opinion entered December 22, 1978, 586 F.2d 1080 and our judgment of affirmance are VACATED. The case is assigned to the oral argument calendar.

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PER CURIAM:

Petitioner correctly points out that his habeas corpus petition was “mixed” (containing both exhausted and unexhausted claims), that the district court reached the merits of the exhausted claim in which petitioner contended that his guilty plea was involuntary, and that therefore, pursuant to Galtieri v. Wainwright, 582 F.2d 348 (CA5, 1978) (en banc), we should review this claim.

The petition for rehearing is GRANTED and our opinion entered December 22, 1978, 586 F.2d 1080 and our judgment of affirmance are VACATED. The case is assigned to the oral argument calendar.

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Bluebook (online)

591 F.2d 1206, 1979 U.S. App. LEXIS 16061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-w-willett-v-state-of-georgia-ca5-1979.

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