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MOSS v. COX

Civ. A. No. 5605-R.

311 F.Supp. 1245 (1970)

David Muriel MOSS v. J. D. COX, Superintendent of the Virginia State Penitentiary.

United States District Court, E. D. Virginia, Richmond Division.

March 26, 1970.

Attorney(s) appearing for the Case

James M. Lumpkin, Richmond, Va., for petitioner.

Robert Y. Button, Atty. Gen. of Virginia, Richmond, Va., for respondent.

MEMORANDUM

MERHIGE, District Judge.

This is an application by a Virginia prisoner for a writ of habeas corpus.

On September 24, 1969, this Court dismissed the allegations of ineffective representation and interrogation without counsel, but held that the issue of the admissibility of certain marijuana, used in evidence in Moss' trial for possession of that drug, might have merit. A plenary hearing was ordered, and counsel was appointed to represent...

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