MILLER v. COX

No. 14880.

443 F.2d 1019 (1971)

Douglas F. MILLER, Appellant, v. J. D. COX, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

March 18, 1971.


Attorney(s) appearing for the Case

Douglas F. Miller, pro se.

W. Luke Witt, Asst. Atty. Gen., for appellee.

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


SOBELOFF, Senior Circuit Judge:

This habeas corpus proceeding, brought by a Virginia prisoner, presents the question whether and under what circumstances a prisoner who has served time under a conviction and sentence later held invalid is entitled to credit for that time against another sentence.

The question may arise in a variety of situations which need to be distinguished. Where a conviction is set aside and the prisoner is then retried and convicted of...

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