BELL v. WAINWRIGHT

No. 76-1156 Summary Calendar.

531 F.2d 1339 (1976)

Edward BELL, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Offenders Rehabilitative Services, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 24, 1976.


Attorney(s) appearing for the Case

Edward Bell, pro se.

William I. Munsey, Jr., Asst. Atty. Gen., Robert L. Shevin, Atty. Gen., Tampa, Fla., for respondent-appellee.

Before BROWN, Chief Judge, GEWIN and MORGAN, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Petitioner Bell, a Florida prisoner convicted of first degree murder in 1974, appeals the District Court's denial of his habeas petition. The District Court reached the merits of his claim, although the Florida appellate court1 on direct appeal had remanded Bell's case for a determination of competency at trial time.2 We vacate and remand.

Following his conviction and imposition...

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