William Wood, Jr. v. Louie L. Wainwright

Fifth Circuit

William Wood, Jr. v. Louie L. Wainwright

597 F.2d 1054, 1979 U.S. App. LEXIS 13483

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 2, 1979

Docket78-1652

StatusPublished

Cited by9 cases

This text of 597 F.2d 1054 (William Wood, Jr. v. Louie L. Wainwright) 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

William Wood, Jr. v. Louie L. Wainwright, 597 F.2d 1054, 1979 U.S. App. LEXIS 13483 (5th Cir. 1979).

Pincite

Opinion

PER CURIAM:

This state habeas case was commenced May 2, 1977. Petitioner was granted leave to file IFP. The district court conducted evidentiary hearings, and we agree with that court that hearings were required. Despite petitioner’s request, counsel was not appointed for him, and he represented himself at the hearings. Under Rule 8, 28 U.S.C. foll. § 2254, the court was required to appoint counsel if petitioner qualified under 18 U.S.C. § 3006A(g). Rule 8 is applicable to cases commenced on or after February 11, 1977. Browder v. Director, Department of Corrections, 434 U.S. 257, 265, 98 S.Ct. 556, 561, 54 L.Ed.2d 521, 532 n.9 (1978).

The judgment is REVERSED and the cause REMANDED for hearing with appointed counsel.

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

PER CURIAM:

This state habeas case was commenced May 2, 1977. Petitioner was granted leave to file IFP. The district court conducted evidentiary hearings, and we agree with that court that hearings were required. Despite petitioner’s request, counsel was not appointed for him, and he represented himself at the hearings. Under Rule 8, 28 U.S.C. foll. § 2254, the court was required to appoint counsel if petitioner qualified under 18 U.S.C. § 3006A(g). Rule 8 is applicable to cases commenced on or after February 11, 1977. Browder v. Director, Department of Corrections, 434 U.S. 257, 265, 98 S.Ct. 556, 561, 54 L.Ed.2d 521, 532 n.9 (1978).

The judgment is REVERSED and the cause REMANDED for hearing with appointed counsel.

Cite This Page — Counsel Stack

Bluebook (online)

597 F.2d 1054, 1979 U.S. App. LEXIS 13483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-wood-jr-v-louie-l-wainwright-ca5-1979.

Opinion

Related

Cite This Page — Counsel Stack