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JAMES v. COPINGER

Nos. 12474, 12570, 12572, 13024.

428 F.2d 235 (1970)

Robert JAMES, Appellant, v. Roger B. COPINGER, Warden, Maryland Penitentiary, Appellee. Preston HANCOCK, Appellant, v. WARDEN, MARYLAND PENITENTIARY, Appellee. Edward L. TIBBS, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee. Matthew Mack CALLAHAN, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 16, 1970.

Attorney(s) appearing for the Case

Irvin B. Nathan, Washington, D. C., (Court-assigned counsel), for appellants.

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

Reno S. Harp, III, Asst. Atty. Gen., of Virginia (Robert Y. Button, Atty. Gen., of Virginia, on brief), for appellee C. C. Peyton.

Before HAYNSWORTH, Chief Judge, and BRYAN and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

These four cases were consolidated for appeal because they present a common question of law. Each petitioner contends, inter alia, that he was denied due process under the fourteenth amendment because his statutory right to appeal was effectively denied. It is each petitioner's contention that he was unfairly deterred from prosecuting an appeal by fear of receiving increased punishment if successful...

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