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NELSON v. PEYTON

No. 13023.

415 F.2d 1154 (1969)

Russell Judas NELSON, Appellee, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellant.

United States Court of Appeals Fourth Circuit.

Decided June 25, 1969.

Attorney(s) appearing for the Case

Gerald L. Baliles, Asst. Atty. Gen., of Va. (Robert Y. Button, Atty. Gen. of Va., on the brief), for appellant.

Frank W. Hardy Richmond, Va. (Court-assigned counsel) (Daniel Rogers, II, Richmond, Va., Court-assigned counsel, on the brief), for appellee.

Before SOBELOFF, BRYAN and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Concluding that petitioner, a state prisoner incarcerated under a fifteen year term for robbery and faced with two ten year consecutive, prospective terms for attempted rape and recidivism,1 had been denied his right to effective assistance of counsel because he had not been advised of his right to appeal his convictions for robbery and attempted rape and that he had not waived his right to appeal, the district judge...

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