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ACOSTA v. TURNER

No. 80-5095.

666 F.2d 949 (1982)

Jorge ACOSTA, Petitioner-Appellant, v. R. V. TURNER, Superintendent, Glades Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

February 4, 1982.

Attorney(s) appearing for the Case

Byron B. Mathews, Jr., Miami, Fla., court appointed, for petitioner-appellant.

James H. Greason, Stephen R. Jacob, Asst. Attys. Gen., Miami, Fla., for respondent-appellee.

Before GODBOLD, Chief Judge, Frank M. JOHNSON, Jr. and ANDERSON, Circuit Judges.

GODBOLD, Chief Judge:

This is an appeal from the district court's dismissal without a hearing of a petition for writ of habeas corpus filed by Acosta, a Florida state prisoner. We reverse because of issues that spring from the handling of the question of Acosta's competency to stand trial.

The record, on the basis of which the district court acted, is confusing and incomplete. In November 1973 police were called when Acosta was seen on a Miami street nude...

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