Huey R. Lee v. State of Alabama

OPINION ON MOTION FOR REHEARING

Appellant’s motion for rehearing is denied.1 He contends that the court failed to give application to the case of Pate v. Robinson, 1966, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815, which holds that the conviction of an accused person in a state court while he is legally incompetent violates the due process clause of the Fourteenth Amendment, and that the question may be raised on a petition for writ of habeas corpus. His view is that it necessarily follows that he was entitled to a plenary hearing in the District Court on his contention that he was incompetent…