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Wood v. Wainwright

United States Court of Appeals, Fifth Circuit
Jul 2, 1979
597 F.2d 1054 (5th Cir. 1979)

Summary

In Wood v. Wainwright, 597 F.2d 1054 (5th Cir. 1979), we held that appointment of counsel is required if the petitioner qualifies under 18 U.S.C. § 3006A(g).

Summary of this case from Lamb v. Estelle

Opinion

No. 78-1652.

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.


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.


Summaries of

Wood v. Wainwright

United States Court of Appeals, Fifth Circuit
Jul 2, 1979
597 F.2d 1054 (5th Cir. 1979)

In Wood v. Wainwright, 597 F.2d 1054 (5th Cir. 1979), we held that appointment of counsel is required if the petitioner qualifies under 18 U.S.C. § 3006A(g).

Summary of this case from Lamb v. Estelle
Case details for

Wood v. Wainwright

Case Details

Full title:WILLIAM WOOD, JR., PETITIONER-APPELLANT, v. LOUIE L. WAINWRIGHT…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 2, 1979

Citations

597 F.2d 1054 (5th Cir. 1979)

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