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WHITAKER v. WARDEN, MARYLAND PENITENTIARY

No. 10295.

362 F.2d 838 (1966)

Victor Calvin WHITAKER, Appellant, v. WARDEN, MARYLAND PENITENTIARY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 20, 1966.

Attorney(s) appearing for the Case

John C. Sullivan, Cumberland, Md. (Court-assigned counsel), for appellant.

Jon F. Oster, Asst. Atty. Gen. of Maryland (Thomas B. Finan, Atty. Gen. of Maryland, on brief), for appellee.

Before BOREMAN and BRYAN, Circuit Judges, and HUTCHESON, District Judge.

BOREMAN, Circuit Judge:

After serving more than ten years of a life sentence for statutory rape, Victor Calvin Whitaker filed his habeas corpus petition in the Maryland District Court in which he charged that he did not receive effective assistance of counsel during the proceedings which led to his present incarceration. The lower court, erroneously we think, denied relief.

On the morning of July 16, 1954, Whitaker...

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