· 5/10/1991
Larry Gene Hull v. Robert M. Freeman Ernest D. Preate, Jr., Attorney General
Citations
- 932 F.2d 159
- 1991 U.S. App. LEXIS 9005
- 1991 WL 73587
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that nunc pro tunc petitions are allowed only when there has been “ ‘fraud or its equivalent or a breakdown in the court’s operation.’ ”
- stating that counsel has independent professional responsibility to \put government to its proofs\ at competency hearing when there is a serious doubt as to defendant's competence
- the “doctrine of procedural default in effect makes compliance with all relevant state-law procedural rules a precondition to federal habeas relief.”
- when confronted with two recent psychiatric evaluations finding that his client was incompetent, counsel was not entitled to rely upon his own untrained observations to justify his failure to put the government to its proof at a competency hearing
- trial counsel asserted defendant was competent after two doctors declared the defendant incompetent
- trial counsel asserted defendant was competent after two doctors declared the defendant incompetent
Source: CourtListener parenthetical corpus (CC0).
Judges: Becker, Higginbotham, Nygaard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.