Opinion · Court of Appeals for the Fifth Circuit

William Wood, Jr. v. Louie L. Wainwright

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

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1979-07-02
Topic
general

How later courts describe this case

  • Rule 8 applicable to cases commencing on or after February 11, 1977
  • Rule 8 applicable to eases commencing on or after February 11, 1977

Citator

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Cited by
9 opinions
WOOD v. WAINWRIGHT,597 F.2d 1054(5th Cir. 1979)
WILLIAM WOOD, JR., PETITIONER-APPELLANT, v. LOUIE L. WAINWRIGHT,
RESPONDENT-APPELLEE.
No. 78-1652.
United States Court of Appeals, Fifth Circuit.
July 2, 1979.
Thomas C. MacDonald, Jr., Tampa, Fla., court-appointed, for petitioner-appellant.

Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellee.
Appeal from the United States District Court for the Middle District of Florida.
Before GODBOLD, SIMPSON and RONEY, Circuit Judges.
PER CURIAM:
[1] 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 under18 U.S.C. § 3006A(g). Rule 8 is applicable to cases commenced on or after February 11, 1977.Browder v. Director, Department ofCorrections,434 U.S. 257,265,98 S.Ct. 556,561,54 L.Ed.2d 521,532n. 9 (1978).

[2] The judgment is REVERSED and the cause REMANDED for hearing with appointed counsel.Page 1055