PALMER v. PEYTON

No. 9609.

359 F.2d 199 (1966)

Raymond PALMER, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Reargued January 5, 1966.

Decided April 6, 1966.


Attorney(s) appearing for the Case

Thomas F. Bergin, Charlottesville, Va. (Court-assigned counsel), for appellant.

Reno S. Harp, III, Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, 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.


SOBELOFF, Circuit Judge:

Sentences of life imprisonment for rape and forty years for a five dollar robbery, to be served "consecutively," were imposed on Raymond Palmer in 1958. He had first been tried in 1957, but a mistrial was declared. His second trial, in 1958, ended with a hung jury. At his third trial later in the same year he waived jury trial and was found guilty.1 He did not appeal. In 1962 Palmer's petition to the Supreme Court...

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