CLEMENTS v. COINER

Civ. A. No. 3745.

299 F.Supp. 752 (1969)

Robert CLEMENTS, Jr., Petitioner, v. Ira M. COINER, Warden, West Virginia State Penitentiary, Moundsville, West Virginia, Respondent.

United States District Court S. D. West Virginia, Charleston Division.

May 13, 1969.


Attorney(s) appearing for the Case

R. Page Henley, Jr., and George G. Guthrie, Spilman, Thomas, Battle & Klostermeyer, Charleston, W. Va., for petitioner.

Chauncey Browning, Jr., Atty. Gen. of West Virginia, and Morton I. Taber, Asst. Atty. Gen., Charleston, W. Va., for respondent.


MEMORANDUM OPINION

FIELD, Chief Judge.

The petitioner in this proceeding seeks relief from a sentence of imprisonment imposed by a state court. Jurisdiction is invoked pursuant to 28 U.S.C. Section 2254. Petitioner sought post-conviction relief in the Supreme Court of Appeals of West Virginia, but that Court denied the petition in October 1967, without hearing or written opinion. Relief was thereafter sought in this court.

The sentence was imposed...

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