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HOLLOWAY v. COX

No. 14594.

437 F.2d 412 (1971)

Walter Lee HOLLOWAY, Jr., Appellant, v. James D. COX, Superintendent, Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 29, 1971.

Attorney(s) appearing for the Case

Richard A. Behrens (Court-assigned counsel), Washington, D. C., for appellant.

Overton P. Pollard, Asst. Atty. Gen. of Virginia (Andrew P. Miller, Atty. Gen. of Virginia, on the brief), for appellee.

Before BOREMAN, WINTER and BUTZNER, Circuit Judges.

BOREMAN, Circuit Judge:

Walter Lee Holloway, Jr., appeals from the district court's denial of his petition for a writ of habeas corpus.

Holloway urges that In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970), dictates a revolutionary change in the duties and obligations of the federal courts in habeas corpus proceedings by requiring application of an entirely new standard in considering petitioner's challenge to...

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