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WOODALL v. PETTIBONE

Nos. 72-1242, 72-1264.

465 F.2d 49 (1972)

Kenneth WOODALL, #B-1-103228, Appellant, v. John M. PETTIBONE, Director, Division of Parole and Probation, Maryland Department of Public Safety and Correctional Services, Appellee. Kenneth WOODALL, #B-1-103228, Appellee, v. John M. PETTIBONE, Director, Division of Parole and Probation, Maryland Department of Public Safety and Correctional Services, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 8, 1972.

Attorney(s) appearing for the Case

Peter S. Smith, Baltimore, Md. (John E. Kratz, Jr., and Piper & Marbury, and Michael A. Millemann, Baltimore Legal Aid Bureau, Inc., Baltimore, Md., on brief), for appellant Kenneth Woodall.

David H. Feldman, Asst. Atty. Gen. (Francis B. Burch, Atty. Gen. of Maryland, Edward F. Borgerding, Asst. Atty. Gen., Chief, Crim. Div., John P. Stafford, Jr., Asst. Atty. Gen. of Maryland, on brief), for appellee John M. Pettibone.

Before BOREMAN, Senior Circuit Judge, CRAVEN, Circuit Judge, and BLATT, District Judge.

CRAVEN, Circuit Judge:

The question presented by this appeal is whether Long v. Robinson, 436 F.2d 1116 (4th Cir. 1971), is to be given retroactive effect. We think that it should be applied retroactively but that practical considerations require case-by-case application and prevent according general blanket relief automatically to all persons affected.

In Long v. Robinson, 316 F.Supp. 22

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