C. Willie Williams v. State of Florida

U.S. Court of Appeals for the Fifth Circuit
C. Willie Williams v. State of Florida, 384 F.2d 719 (5th Cir. 1967)
1967 U.S. App. LEXIS 4720

C. Willie Williams v. State of Florida

Opinion

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 *720 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.

Reference

Full Case Name
C. Willie WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee
Status
Published