EVANS v. CUNNINGHAM

No. 9152.

335 F.2d 491 (1964)

William EVANS, Appellant, v. W. K. CUNNINGHAM, Jr., Superintendent of the Virginia State Penitentiary, Charles P. Chew, James W. Phillips, and Pleasant Shields, members of the Virginia Parole Board, Appellees.

United States Court of Appeals Fourth Circuit.

Decided August 6, 1964.


Attorney(s) appearing for the Case

Ronald P. Sokol, Charlottesville, Va. (Court-assigned counsel) for appellant.

Reno S. Harp, III, Asst. Atty. Gen., of Virginia (Robert Y. Button, Atty. Gen., of Virginia, on the brief), for appellee.

Before HAYNSWORTH and BELL, Circuit Judges, and BARKSDALE, District Judge.


HAYNSWORTH, Circuit Judge.

The constitutionality of Virginia's recidivist statute, as applied, is attacked upon the ground that it does not reach inmates of Virginia's penitentiary who had been previously convicted of felonies in courts other than those of Virginia. The District Court dismissed the petition upon the ground that state remedies had not been exhausted. We affirm, but we do so upon the merits and not upon the procedural ground.

William Evans is...

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