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CONQUEST v. MITCHELL

No. 78-6453.

618 F.2d 1053 (1980)

Edward James CONQUEST, Appellee, v. James P. MITCHELL, Superintendent of the Virginia State Penitentiary, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 8, 1980.

Attorney(s) appearing for the Case

Jim L. Chin, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen., of Virginia, Richmond, Va., on brief), for appellant.

Dwane H. Miller, Richmond, Va., for appellee.

Before HAYNSWORTH, Chief Judge, WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

The Superintendent of the Virginia State Penitentiary appeals an order of the district court granting habeas corpus relief to Edward James Conquest alleging error in that court's conclusion that the introduction at trial of Conquest's confession made to his psychiatrist was prejudicial error. The Commonwealth argues that Conquest is barred from raising this claim in a federal habeas corpus petition because he did not object to the admission...

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