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BROWN v. COX

No. 71-1089.

467 F.2d 1255 (1972)

James Arthur BROWN, Appellant, v. J. D. COX, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

October 4, 1972.

Attorney(s) appearing for the Case

Daniel J. Meador, Charlottesville, Va., [Court-assigned counsel], for appellant.

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

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and RUSSELL, Circuit Judge.

BOREMAN, Senior Circuit Judge:

James Arthur Brown (hereafter Brown or appellant) is confined in the Virginia State Penitentiary under a life sentence for robbery imposed by the Corporation Court of the City of Norfolk following a second trial in 1968. He seeks relief by way of habeas corpus, demanding his outright release from his allegedly unconstitutional confinement.

In this proceeding below the district court did not hold a hearing and, accordingly, the...

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