Legal Opinion
James Agan v. Richard L. Dugger, Robert Butterworth
Court of Appeals for the Eleventh Circuit
Decided February 5, 1988No. 87-3448PublishedCited by 53 opinions
1Opinion of the Court
FAY, Circuit Judge:
Death row inmate James Agan appeals the denial of his petition for writ of habeas corpus. We find that there should have been an evidentiary hearing on Agan’s claims of incompetence and of ineffectiveness of counsel, and we remand this case for a hearing on these issues.
THE NEED FOR AN EVIDENTIARY HEARING
Case law clearly establishes that [w]here the facts are in dispute, the federal court in habeas corpus must hold an evidentiary hearing if the habeas applicant did not receive a full and fair evidentiary hearing in a state court.... [A] federal evidentiary hearing is…
2Cases cited16 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Hill v. LockhartSupreme Court of the United States · 1985
- Townsend v. SainSupreme Court of the United States · 1963
- Dusky v. United StatesSupreme Court of the United States · 1960
11 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Hugo Tejada v. Richard L. Dugger, Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1991
- Gerald Eugene Stano, Cross-Appellee v. Richard L. Dugger, Secretary, Florida Department of Corrections, Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1991
- Phillip Alexander Atkins v. Harry K. SingletaryCourt of Appeals for the Eleventh Circuit · 1992
- Antonio Diaz v. United StatesCourt of Appeals for the Eleventh Circuit · 1991
- Bobby Marion Francis v. Richard L. Dugger, Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1990
48 more not listed; retrieve them via the Exa API.