OSBORNE v. THOMPSON

No. 79-1310.

610 F.2d 461 (1979)

Billy OSBORNE, Petitioner-Appellee, v. Vinson F. THOMPSON, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 20, 1979.


Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen. of Tenn., William P. Sizer, III, Asst. Atty. Gen., Nashville, Tenn., for respondent-appellant.

William H. Farmer, Federal Public Defender, Robert L. Tucker, Asst. Federal Public Defender, Nashville, Tenn., for petitioner-appellee.

Billy Osborne, pro se.

Before MERRITT and MARTIN, Circuit Judges, and PECK, Senior Circuit Judge.


PER CURIAM.

The State of Tennessee appeals the judgment of the District Court granting Osborne's petition for a writ of habeas corpus. The District Judge, Thomas A. Wiseman, found that the Tennessee trial court had not made an adequate due process determination of petitioner's competency to stand trial.

On March 19, 1975, Osborne pleaded guilty in Knox County, Tennessee, Criminal Court to each of five separate indictments...

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