Sweezy v. Garrison, 82-6352
| Decision Date | 06 December 1982 |
| Docket Number | No. 82-6352,82-6352 |
| Citation | 694 F.2d 331 |
| Parties | Ivery SWEEZY, Appellant, v. Sam P. GARRISON, Warden and State of North Carolina, Appellees. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Appeal from the United States District Court for the Western District of North Carolina, at Asheville; Woodrow Wilson Jones, Chief Judge.
Gary S. Cash, Asheville, N.C. (Whalen, Hay & Cash, Asheville, N.C., Charles T.L. Anderson, Apex, N.C., N.C. Prisoner Legal Services, Inc. on brief), for appellant.
Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen. of North Carolina, Raleigh, N.C., on brief), for appellees.
Before WIDENER and SPROUSE, Circuit Judges, and GORDON, * Senior District Judge.
Ivery Sweezy appeals from a decision of the district court, 554 F.Supp. 481, 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) ().
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.
* United States District Court for the Middle District of North Carolina, sitting by designation.
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