(Download) "Hull v. Freeman" by United States Court of Appeals for the Third Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Hull v. Freeman
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 10, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Opinion OF THE COURT BECKER, Circuit Judge This is an appeal from an order of the district court ""provisionally"" granting Larry Gene Hull's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Hull is presently serving a sentence of life imprisonment for murder in the first degree, which was imposed by the Court of Common Pleas of Franklin County (Pennsylvania) following Hull's plea of guilty in 1979. Hull filed the instant habeas petition in the United States District Court for the Middle District of Pennsylvania contending, inter alia, that he had received ineffective assistance of counsel at the July, 1979 competency hearing held prior to his plea of guilty. More specifically, he asserts that his trial attorney's performance at the competency hearing was deficient because counsel failed to cross-examine the Commonwealth's psychiatrist and to call witnesses on his behalf. Hull contends that as a result of this inadequate representation, he was permitted to plead guilty to murder while in an incompetent state. On July 13, 1990, the district court filed an opinion in which it seemed to agree that Hull had received ineffective assistance of counsel during the July, 1979 competency hearing. On September 11, 1990, the court entered an order ""provisionally"" granting the writ and remanding the matter to the state court for the purpose of holding a hearing to re-determine Hull's competency as of July, 1979.1 The District Attorney of Franklin County, representing the Commonwealth of Pennsylvania, now appeals this order.
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