SMITH v. PEYTON

No. 12357.

413 F.2d 760 (1969)

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

United States Court of Appeals Fourth Circuit.

Decided July 29, 1969.


Attorney(s) appearing for the Case

Louis M. Natali, Jr., Philadelphia, Pa. (court-appointed counsel), for appellant.

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

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BUTZNER, Circuit Judges.


HAYNSWORTH, Chief Judge:

Without a hearing in the District Court, this state prisoner was denied a writ of habeas corpus. We find that rejection of two of his claims was proper, but we think the third necessitated a hearing.

In his appeal petitioner alleges three constitutional violations: (1) the identification process employed after petitioner's arrest violated due process of law; (2) petitioner's trial counsel was ineffective in that he failed to challenge...

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