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

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 26, 1972

Docket71-3051

StatusPublished

This text of 463 F.2d 246 (James Willis v. E. B. Caldwell, Warden, Georgia State Prison) 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.

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

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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.

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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.

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463 F.2d 246, 1972 U.S. App. LEXIS 8789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-willis-v-e-b-caldwell-warden-georgia-state-prison-ca5-1972.

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