TWYMAN

v.

UNITED STATES

Citator

Cited By (52 total)

• Thompson v. Louie L. Wainwright, 787 F.2d 1447 (11th Cir. 1986)
  …district court’s continuance, but also stated that the district court, in its discretion, could have accepted the state’s offer to waive exhaustion with respect to the new claims. Thompson v. Wainwright, 714 F. 2d 1495 (11th Cir.1983), cert. denied, 466 U.S. 962, 104 S.Ct. 2180, 80 L.Ed.2d 562 (1984). On remand, the district court accepted the waiver, and, after an evidentiary hearing, found all of Thompson’s claims without merit. I. INEFFECTIVE ASSISTANCE CLAIMS Thompson contends that his counsel, Harold…
• Fitzpatrick v. Louie L. Wainwright, 800 F.2d 1057 (11th Cir. 1986)
  …of a pro se defense is much to be preferred, it is not absolutely necessary. The ultimate test is not the trial court’s express advice, but rather the defendant’s understanding. See United States v. Hafen, 726 F. 2d 21, 26 (1st Cir.), cert. denied, 466 U.S. 962, 104 S.Ct. 2179, 80 L.Ed.2d 561 (1984); United States v. Kimmel, 672 F. 2d 720, 721-22 (9th Cir. 1982). But see United States v. Welty, 674 F. 2d 185, 188 (3d Cir.1982). If the trial record demonstrates that Fitzpatrick’s decision to represent himse…

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• Lindsey v. Smith, 820 F.2d 1137 (11th Cir. 1987)
  …sentencing, and the Alabama capital punishment statute.3 After accepting the state’s waiver of exhaustion,4 see Granberry v. Greer, — U.S.-, 107 S.Ct. 1671, 95 L.Ed.2d 119 (1987); Thompson v. Wainwright, 714 F. 2d 1495 (11th Cir.1983), cert. denied, 466 U.S. 962, 104 S.Ct. 2180, 80 [*1142] L.Ed.2d 562 (1984), the district court determined that appellant was procedurally barred from asserting several claims that had not been raised at trial or on direct appeal as required by Alabama law.5 The court dismissed…