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LEFTWICH v. COINER

Nos. 13755, 13758-9.

424 F.2d 157 (1970)

William LEFTWICH, Appellant, v. Ira M. COINER, Warden, West Virginia State Penitentiary, Appellee. Bill SLONE, Jack Slone, Appellants, v. Ira M. COINER, Warden, West Virginia State Penitentiary, Appellee. James Melvin THOMPSON, Appellant, v. Ira M. COINER, Warden, West Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 1, 1970.

Attorney(s) appearing for the Case

Arthur M. Recht, Weirton, W. Va. (court-assigned counsel) for appellants.

George E. Lantz, Deputy Atty. Gen. (Chauncey H. Browning, Jr., Atty. Gen. of West Virginia, and Willard A. Sullivan, Asst. Atty. Gen., on brief) for appellee.

Before SOBELOFF, BRYAN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge.

In Sheftic v. Boles, 377 F.2d 423 (4th Cir.), cert. denied, 389 U.S. 986, 88 S.Ct. 476, 19 L.Ed.2d 479 (1967), we held that a West Virginia prisoner exhausted his state court remedies under 28 U.S.C. § 22541 when he filed an original petition for a writ of habeas corpus in the Supreme Court of Appeals of West Virginia and that court denied relief. The prisoner was then entitled...

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