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REDMON v. PEYTON

No. 13741.

420 F.2d 822 (1969)

John Henry REDMON, Appellee, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellant.

United States Court of Appeals Fourth Circuit.

December 5, 1969.

Attorney(s) appearing for the Case

John B. Gilmer, Richmond, Va., for appellee.

Edward J. White, Asst. Atty. Gen. of Va., Richmond, Va., for appellant.

PER CURIAM:

John Henry Redmon filed a petition for habeas corpus relief in the District Court, alleging that his sentence of ten years as a recidivist is invalid on the ground that certain constitutionally invalid prior convictions were used as a basis for imposing the enhanced punishment. The District Court, finding that two of the three supporting convictions were indeed obtained in violation of Redmon's constitutional rights, ordered that he be released from all...

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