McINERNEY v. PUCKETT

No. 90-1178.

919 F.2d 350 (1990)

Patrick McINERNEY, Petitioner-Appellee, v. Steve W. PUCKETT, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 1990.


Attorney(s) appearing for the Case

Jeffrey M. Rosamond, Sp. Asst. Atty. Gen., Mike Moore, Atty. Gen., Jackson, Miss., for respondent-appellant.

Joseph Langston, Booneville, Miss. (Court-appointed), for petitioner-appellee.

Patrick McInerney, Parchman, Miss., pro se.

Before WISDOM, GEE, and HIGGINBOTHAM, Circuit Judges.


GEE, Circuit Judge:

This appeal from the district court's grant of habeas relief requires us to determine (1) whether a six year old order for pre-trial psychiatric evaluation, standing alone, required the trial judge to conduct a hearing into the defendant's competence to stand trial, and (2) whether trial counsel's failure to raise timely an insanity defense and his somewhat casual preparations for trial constitute such extreme ineffective assistance of counsel...

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