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Ivery Sweezy v. Sam P. Garrison, Warden and State of North Carolina

Ivery SWEEZY, Appellant, v. Sam P. GARRISON, Warden and State of North Carolina, Appellees

Ivery Sweezy v. Garrison, 694 F.2d 331 (4th Cir. 1982)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
December 6, 1982
Docket
No. 82-6352
Judges
Widener, Sprouse, Gordon
Citations
694 F.2d 3311982 U.S. App. LEXIS 23538

Opinion — Per Curiam

PER CURIAM:

Ivery Sweezy appeals from a decision of the district court, 554 F.Supp. 481 , dismissing on the merits his petition for a writ of habeas corpus. Although the petitioner failed to exhaust his state remedies, the Attorney General of North Carolina unconditionally waived, in his responsive pleadings, the exhaustion requirement. It therefore is appropriate for us to consider the merits of petitioner’s appeal.

Jenkins v. Fitzberger, 440 F.2d 1188 (4th Cir.1971); cf.

Harding v. North Carolina, 683 F.2d 850 (4th Cir.1982) (holding invalid conditional waiver of exhaustion).

The petitioner claimed that the trial court’s failure to hold a hearing during the trial on petitioner’s competency to stand trial denied him due process of law. The petitioner also claimed that trial counsel’s failure to move for such a competency hearing denied him effective assistance of counsel. For the reasons stated by the district court, we find the petitioner’s claims to be without merit.

The judgment of the district court is accordingly AFFIRMED.

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Cited by 18 cases

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1983: 11984: 31985: 21986: 11988: 21989: 31993: 11994: 11997: 11999: 12000: 12006: 119832026peak 1984 · 3

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Linver Jenkins v. Fitzberger, 440 F.2d 1188 (4th Cir. 1971) 71
Harding v. North Carolina, 683 F.2d 850 (4th Cir. 1982) 12
Sweezy v. Garrison, 554 F. Supp. 481 (W.D.N.C. 1982) 4

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