U.S. Court of Appeals for the Fifth Circuit, 1979

William Wood, Jr. v. Louie L. Wainwright

William Wood, Jr. v. Louie L. Wainwright
U.S. Court of Appeals for the Fifth Circuit · Decided July 2, 1979 · Godbold, Simpson, Ro-Ney
597 F.2d 1054; 1979 U.S. App. LEXIS 13483 (Federal Reporter, Second Series)

William Wood, Jr. v. Louie L. Wainwright

Opinion

PER CURIAM:

This state habeas case was commenced May 2, 1977. Petitioner was granted leave to file IFP. The district court conducted evidentiary hearings, and we agree with that court that hearings were required. Despite petitioner’s request, counsel was not appointed for him, and he represented himself at the hearings. Under Rule 8, 28 U.S.C. foll. § 2254, the court was required to appoint counsel if petitioner qualified under 18 U.S.C. § 3006A(g). Rule 8 is applicable to cases commenced on or after February 11, 1977. Browder v. Director, Department of Corrections, 434 U.S. 257, 265, 98 S.Ct. 556, 561, 54 L.Ed.2d 521, 532 n.9 (1978).

The judgment is REVERSED and the cause REMANDED for hearing with appointed counsel.

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