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SHIFLETT v. COMMONWEALTH OF VIRGINIA

Nos. 12355, 13392, 13522.

447 F.2d 50 (1971)

William C. SHIFLETT, Appellant, v. COMMONWEALTH OF VIRGINIA, and C. C. Peyton, Superintendent of the Virginia State Penitentiary, Appellees. John Henry LOVE, Appellant, v. COMMONWEALTH OF VIRGINIA, Appellee. Orrillion D. JAMES, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 24, 1971.

Attorney(s) appearing for the Case

No. 12355:

Frank C. Maloney, III, Richmond, Va. (Court-assigned counsel) [Joseph L. Lewis, and Hirschler & Fleischer, Richmond Va., on the brief], for appellant, Shiflett.

Reno S. Harp, III, Asst. Atty. Gen. of Virginia (Andrew P. Miller, Atty. Gen. of Virginia, on the brief), for appellees.

No. 13392:

Benjamin Lerner, Philadelphia, Pa. (Court-assigned counsel), for appellant Love.

W. Luke Witt, Asst. Atty. Gen. of Virginia (Andrew P. Miller, Atty. Gen. of Virginia, on the brief), for appellee.

No. 13522:

Louis M. Natali, Jr., Philadelphia, Pa. (Court-assigned counsel), for appellant, James.

Vann H. Lefcoe, Asst. Atty. Gen. of Virginia (Andrew P. Miller, Atty. Gen. of Virginia, on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF, BOREMAN, BRYAN, WINTER, CRAVEN and BUTZNER, Circuit Judges.

Resubmitted En Banc November 19, 1970.

HAYNSWORTH, Chief Judge:

The question is whether our decision in Nelson v. Peyton, 4 Cir., 415 F.2d 1154 should be applied retroactively. A divided panel earlier held Nelson retroactive, affording the right to habeas corpus relief to any indigent prisoner who had not been fully advised by his attorney or the court of his right to appeal as an indigent and of the manner and time...

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