Limmie West, III v. State of Louisiana

510 F.2d 363, 1975 U.S. App. LEXIS 15507

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 24, 1975
• Docket: 72--1338
• Status: Published

Opinions

PER CURIAM:

We took this case and Fitzgerald v. Estelle, 5 Cir. 1974, 505 F.2d 1334 en banc “to resolve the constitutional standards which govern adjudication of claims of ineffectual assistance of privately retained counsel.” Id. at 1335.

Having explicated the standards in Fitzgerald, we vacate Part III and adhere to and affirm Parts I, II and IV of the panel opinion of this Court. West v. State of Louisiana, 5 Cir. 1973, 478 F.2d 1026.

The judgment of the district court is vacated and the case is remanded for reconsideration of the alleged ineffective assistance of privately retained counsel in the light of Fitzgerald.