Ronald K. Spivey v. Walter Zant, Warden, Georgia Diagnostic and Classification Center

TJOFLAT, Circuit Judge:

In our first encounter with this habeas corpus case, Spivey v. Zant, 661 F.2d 464 (5th Cir. 1981), we remanded the case to the district court for further proceedings on petitioner Ronald Keith Spivey’s fifth, sixth, and fourteenth amendment claims; the procedural history of the case is detailed in that opinion, as are Spivey’s constitutional claims. On remand, the district court was to conduct an evidentiary hearing to determine whether Spivey was represented by counsel on April 15, 1977, when the Georgia trial court ordered a psychiatric examination of his competence…