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BRADY v. SUPERINTENDENT ANNE ARUNDEL CO. DET. CTR.

No. 15016.

443 F.2d 1307 (1971)

John Leo BRADY, Appellant, v. SUPERINTENDENT, ANNE ARUNDEL COUNTY DETENTION CENTER, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 1971.

Attorney(s) appearing for the Case

Elsbeth Levy Bothe, Baltimore, Md. (Court-appointed counsel), for appellant.

Donald R. Stutman, Asst. Atty. Gen. of Maryland (Francis B. Burch, Atty. Gen. of Maryland, and Alfred J. O'Ferrall, III, Asst. Atty. Gen. of Maryland, on brief), for appellee.

Before BOREMAN, WINTER and CRAVEN, Circuit Judges.

WINTER, Circuit Judge:

John Leo Brady's 1958 conviction for first degree murder was affirmed but his sentence of death was reversed in Brady v. State, 226 Md. 422, 174 A.2d 167 (1961). A new trial was ordered limited solely to the issue of punishment. The limitation of relief to a trial on the issue of punishment was affirmed by the Supreme Court in Brady v. Maryland, 373 U.S. 83

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