James Willis v. E. B. Caldwell, Warden, Georgia State Prison

Fifth Circuit

James Willis v. E. B. Caldwell, Warden, Georgia State Prison

463 F.2d 246, 1972 U.S. App. LEXIS 8789

Court of Appeals for the Fifth Circuit·Decided June 26, 1972·No. 71-3051·Published

Opinion

PER CURIAM:

James Willis appeals from the dismissal by the district of his petition for habeas corpus relief. We vacate the district court’s order of dismissal and remand the case for an evidentiary hearing on the allegations contained in Willis’s petition. Townsend v. Sain, 1963, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770; 28 U.S.C. § 2254(d).

Willis alleges (1) that he was denied effective assistance of counsel at his state criminal trial in 1936 and (2) that members of his race were systematically excluded from the grand and petit juries that indicted and convicted him. Because of the nature of these allegations and the apparent inability of the petitioner to prepare or try this cause, we suggest that the district court consider the appointment of counsel for Willis.

Vacated and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

James Willis appeals from the dismissal by the district of his petition for habeas corpus relief. We vacate the district court’s order of dismissal and remand the case for an evidentiary hearing on the allegations contained in Willis’s petition. Townsend v. Sain, 1963, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770; 28 U.S.C. § 2254(d).

Willis alleges (1) that he was denied effective assistance of counsel at his state criminal trial in 1936 and (2) that members of his race were systematically excluded from the grand and petit juries that indicted and convicted him. Because of the nature of these allegations and the apparent inability of the petitioner to prepare or try this cause, we suggest that the district court consider the appointment of counsel for Willis.

Vacated and remanded.

James Willis v. E. B. Caldwell, Warden, Georgia State Prison, 463 F.2d 246, 1972 U.S. App. LEXIS 8789 (5th Cir. 1972).

Pincite

463 F.2d 246 (James Willis v. E. B. Caldwell, Warden, Georgia State Prison) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related