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

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 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).

2

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

Case Details

Case Name: William Wood, Jr. v. Louie L. Wainwright
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Jul 2, 1979
Citation: 597 F.2d 1054
Docket Number: 78-1652
Court Abbreviation: 5th Cir.
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