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JACKSON v. CALDWELL

No. 71-2129.

461 F.2d 682 (1972)

Wilburn JACKSON, Petitioner-Appellee, v. E. B. CALDWELL, Warden, Georgia State Prison, Reidsville, Georgia, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 13, 1972.

Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen., Dorothy T. Beasley, Asst. Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant.

Robert G. Fierer, Garland & Garland, Edward T. M. Garland, Atlanta, Ga., for petitioner-appellee.

Before JOHN R. BROWN, Chief Judge, and BELL and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

The State of Georgia appeals from the district court's grant of habeas corpus relief to Wilburn Jackson, an inmate of the Georgia State Prison, Reidsville, Georgia, where he is confined under a 1959 life sentence for the murder of his wife. In granting the writ, the district court held: (1) the state judge who presided at Jackson's 1959 murder trial should have ordered, sua sponte, that a hearing be held concerning Jackson's competency...

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