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KANE v. STATE OF VIRGINIA

Nos. 13018, 13240 and 13427.

419 F.2d 1369 (1970)

Michael Glen KANE, Appellant, v. STATE OF VIRGINIA, Appellee. Dale H. SUTHERLAND, Appellant, v. STATE OF MARYLAND et al., Appellees. Clifford E. PERRY, Appellant, v. SIXTH JUDICIAL CIRCUIT OF MARYLAND, MONTGOMERY COUNTY, Maryland and Circuit Court for Pinellas County, Florida, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 19, 1970.

Attorney(s) appearing for the Case

James P. Jones, Abingdon, Va. (court-assigned counsel) (Penn, Stuart & Miller, Abingdon, Va., on brief), for appellants.

W. Luke Witt, Asst. Atty. Gen. of Virginia, for appellee State of Virginia.

Alfred J. O'Ferrall, III, Asst. Atty. Gen. of Maryland (Francis B. Burch, Atty. Gen. of Maryland, on brief), for appellees State of Maryland, Sixth Judicial Circuit of Maryland and others.

Before WINTER and BUTZNER, Circuit Judges, and WIDENER, District Judge.

BUTZNER, Circuit Judge:

In these consolidated appeals, federal and Virginia prisoners, claiming denial of the right to speedy trials, seek writs of habeas corpus to bar prosecutions evidenced by detainers lodged against them by other states. We hold that after a prisoner has exhausted available state remedies, he may be afforded this relief.

I.

Michael G. Kane, a prisoner serving a five-year sentence at the federal penitentiary, in Marion, Illinois...

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