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Article: Justices differ on whether defendant understood upshot of legal maneuver.(writ of habeas corpus)(Nooner v. Norris, April 4, 2005)
- Article from:
- Mental Health Law Report
- Article date:
- May 1, 2005
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Nooner v. Norris, April 4, 2005
8th U.S. Circuit Court of Appeals
402 F.3d 801, No. 03-2103
A three-judge panel split on whether a man was competent enough to dismiss his petition for a writ of habeas corpus, with two emphasizing evidence of the defendant's malingering and the third finding poor representation.
Justice Roger Wollman, writing for the court, found no clear error in the district court's determination that Terrick Terrell Nooner had the ability to understand his request to withdraw his petition. But because Nooner illogically thought that the withdrawal would lead to freedom, rather than death, Wollman rejected the ...