Edward Bell v. Louie L. Wainwright, Secretary, Offenders Rehabilitative Services

JOHN R. BROWN, Chief Judge:

Petitioner Bell, a Florida prisoner convicted of first degree murder in 1974, appeals the District Court’s denial of his habeas petition. The District Court reached the merits of his claim, although the Florida appellate court 1 on direct appeal had remanded Bell’s case for a determination of competency at trial time. 2 We vacate and remand.

Following his conviction and imposition of a life sentence, Bell appealed to the Florida Second District Court of Appeal. He claimed that the Trial Court (i) erred in failing to grant his motion to discharge for failure to comply…