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BROWN v. COX

No. 71-1089.

481 F.2d 622 (1973)

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

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1973.

Attorney(s) appearing for the Case

Prof. Daniel J. Meador, Charlottesville, Va. (Court-appointed), for appellant.

Robert E. Shepherd, Jr., Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen. of Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL, FIELD and WIDENER, Circuit Judges sitting en banc, on resubmission.

DONALD RUSSELL, Circuit Judge:

This is a habeas proceeding instituted by a Virginia prisoner, after exhaustion of state remedies, in order to secure his outright release from a life sentence imposed after conviction for robbery in the Corporation Court of the City of Norfolk. The District Court denied relief.1 On appeal, the hearing panel filed its opinion,2 remanding the proceeding for a hearing such...

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