Frederick Allen Noble v. Talmadge L. Barnett

Affirmed by published opinion. District Judge ELLIS wrote the opinion, in which Judge PHILLIPS and Senior Judge BUTZNER joined.

OPINION

ELLIS, District Judge:

This is an appeal from the district court’s dismissal of a petition for a writ of habeas corpus on grounds of abuse of the writ. The writ at issue, appellant’s third, raises claims of (1) ineompetency to stand trial and (2) ineffective assistance of counsel due to counsel’s failure to raise the incompetency issue at trial. Because we find that appellant’s third writ constitutes an abuse of the writ, we affirm the district court’s dismissal…