C. WILLIE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
C. WILLIE WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
384 F.2d 719
Court of Appeals for the Fifth Circuit (1967)
Opinion of the Court
PER CURIAM:
Appellant, C. Willie Williams, appeals from an order of the District Court denying a habeas corpus petition.
Appellant is presently serving a life sentence in a Florida State penitentiary for second-degree murder. In his habeas corpus petition, appellant stated as a reason for not taking an appeal from the conviction that he was not aware of or properly advised by counsel or the trial court of his right to appeal. The District Court denied the writ without a hearing, and in written reasons failed to discuss and to make any findings on appellant’s claim that he was not advised of his right to appeal. Such an allegation requires an evidentiary hearing. Walter v. Wainwright, 5 Cir., 1967, 373 F. 2d 322; Wainwright v. Simpson, 5 Cir., 1966, 360 F. 2d 307.
Vacated and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Louie L. Wainwright v. Simpson, 360 F.2d 307 (5th Cir. 1966)
- Walter v. Louie L. Wainwright, 373 F.2d 322 (5th Cir. 1967)