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WILLIAMS v. PEYTON

No. 10831.

372 F.2d 216 (1967)

Alphonso Russell WILLIAMS, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, and Charles P. Chew, James W. Phillips, and Pleasant Shields, members of the Virginia Parole Board, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 26, 1967.

Attorney(s) appearing for the Case

John J. Kirby, Jr. (Court-assigned counsel), for appellant.

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

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

WINTER, Circuit Judge:

In Martin v. Commonwealth of Virginia, 349 F.2d 781 (4 Cir. 1965), we held that habeas corpus was available to a prisoner incarcerated under a sentence, the validity of which he did not question, to litigate the validity of other convictions which deferred his eligibility for consideration for parole on the unquestioned sentence. We now conclude that the same principle is applicable to one who is already eligible...

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