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HOLMES v. KING

No. 82-3450.

709 F.2d 965 (1983)

Freddie HOLMES, Petitioner-Appellant, v. John T. KING, Secretary, Department of Corrections, and William J. Guste, Jr., Attorney General, State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 6, 1983.

Attorney(s) appearing for the Case

Freddie Holmes, pro se.

Frank A. Silvestri, New Orleans, La. (Court-appointed), for petitioner-appellant.

E. Kay Kirkpatrick, Asst. Dist. Atty., Ossie B. Brown, Dist. Atty., William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Baton Rouge, La., for respondents-appellees.

Before BROWN, REAVLEY and RANDALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 6, 1983.

REAVLEY, Circuit Judge:

Appellant Freddie Holmes, an inmate at the Louisiana State Penitentiary, collaterally attacks his 1979 conviction for armed robbery. He asserts that his mental condition at the time of trial prevented him from understanding the charges against him or assisting in his defense. He further contends that the state trial court failed to conduct an adequate competency hearing. The...

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