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FERGUSON v. GATHRIGHT

No. 72-1816.

485 F.2d 504 (1973)

Leonard W. FERGUSON, Appellant, v. John S. GATHRIGHT, Superintendent Bland Correctional Farm, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 8, 1973.

Attorney(s) appearing for the Case

Barry Nakell, Chapel Hill, N. C. (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 BOREMAN, Senior Circuit Judge, and BUTZNER and RUSSELL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The appellant, hereinafter referred to as the petitioner, was convicted of driving a motor vehicle after his driving license had been revoked under the provisions of the Virginia Habitual Offender Act.1 He seeks habeas relief, arguing that the revocation of his driving license was invalid for failure of the State, at his revocation hearing, to furnish him counsel. After exhaustion of State remedies...

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