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RALPH v. WARDEN, MARYLAND PENITENTIARY

No. 13757.

438 F.2d 786 (1970)

William RALPH, Appellant, v. WARDEN, MARYLAND PENITENTIARY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 11, 1970.

Rehearing Denied March 1, 1971.

Attorney(s) appearing for the Case

Edward L. Genn, Washington, D. C. (court-assigned) for appellant.

Alfred J. O'Ferrall, III, Asst. Atty. Gen. of Md., (Francis B. Burch, Atty. Gen. of Md., and Edward F. Borgerding, Asst. Atty. Gen., on brief) for appellee.

Anthony G. Amsterdam, Stanford, Cal., (Jack Greenberg, James M. Nabrit, III, Michael Meltsner and Jack Himmelstein, New York City, on brief) for the NAACP Legal Defense and Education Fund, Inc., and The National Office for the Rights of the Indigent, amici curiae.

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

Rehearing En Banc Denied March 1, 1971.

BUTZNER, Circuit Judge:

William Ralph, convicted of rape in 1961 by a three-judge court sitting without a jury, was sentenced to death. He appeals the district court's dismissal of his habeas corpus petition in which he challenged the constitutionality of his death sentence and the adequacy of the trial court's finding that his confession was voluntary. We hold that the Eighth Amendment's prohibition against cruel and...

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