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STEVENS v. WARDEN, MARYLAND PENITENTIARY

No. 10098.

366 F.2d 565 (1966)

Robert Linwood STEVENS, Appellant, v. WARDEN, MARYLAND PENITENTIARY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 16, 1966.

Attorney(s) appearing for the Case

David E. Belcher, Baltimore, Md. (court-assigned counsel), for appellant.

Julius A. Romano, Asst. Atty. Gen. of Maryland (Thomas B. Finan, Atty. Gen. of Maryland, on brief), for appellee.

Ronald P. Sokol, Charlottesville, Va., amicus curiae.

Before HAYNSWORTH, Chief Judge, and SOBELOFF, BOREMAN, BRYAN and J. SPENCER BELL, Circuit Judges, sitting en banc.

HAYNSWORTH, Chief Judge.

In this habeas corpus proceeding, the appeal appeared to present a substantial question under Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed. 2d 977, if that decision was to be given a retroactive effect. To consider the question of the retroactivity of Escobedo and whether its principle would require issuance of the writ in this case, the case was heard by the Court en banc. Thereafter...

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