Frank W. Whitehead v. Louie L. Wainwright, Secretary, Dept. Of Offender Rehabilitation

JAMES C. HILL, Circuit Judge:

Petitioner was tried and convicted for murder by a Florida jury. Having exhausted his state remedies, petitioner filed a ha-beas petition in district court, alleging that he had been tried while incompetent, in violation of Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836,15 L.Ed.2d 815 (1966). Following three evidentiary hearings, the district court concluded “that petitioner was unable to consult with his lawyer with a reasonable degree of rational understanding and did not have a rational or factual understanding of the proceedings against him on the afternoon of…