COLES v. PEYTON

No. 10817.

389 F.2d 224 (1968)

Alfred COLES, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 8, 1968.


Attorney(s) appearing for the Case

S. Strother Smith, III, 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.

Before SOBELOFF, WINTER and CRAVEN, Circuit Judges.


WINTER, Circuit Judge:

Upon his claims that in his prosecution for forcible rape he was denied effective assistance of counsel at his trial, that the Commonwealth of Virginia unconstitutionally suppressed vital and relevant exculpatory evidence and that, under the circumstances of this case, the absence of counsel at his preliminary hearing constituted a denial of counsel, Alfred Coles ("petitioner") appeals from the district court's denial of his petition for a writ...

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