WADE v. PEYTON

No. 11110.

378 F.2d 50 (1967)

Noah William WADE, Appellee, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 29, 1967.


Attorney(s) appearing for the Case

Reno S. Harp, III, Asst. Atty. Gen., of Va. (Robert Y. Button, Atty. Gen., of Va., on brief) for appellant.

Thomas L. Hicks, Jr., Richmond, Va. (Court-assigned counsel) for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and CRAVEN, Circuit Judges.


PER CURIAM:

We think the writ of habeas corpus was improvidently granted by the District Court, for available state remedies are unexhausted.

In 1952 Wade was convicted of the murder of a fellow prisoner in the Virginia State Penitentiary. He was represented at the trial by a competent, court-assigned lawyer, who, ten years later, died. There was no appeal.

In 1966, fourteen years after the trial and four years after the death of his lawyer, Wade for...

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