GHIZ v. BORDENKIRCHER

No. 74-2177.

519 F.2d 759 (1975)

Michael Harvey GHIZ, Appellee, v. Donald E. BORDENKIRCHER, Warden, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 17, 1975.


Attorney(s) appearing for the Case

E. Leslie Hoffman, III, Asst. Atty. Gen. of W. Va. (Chauncey H. Browning, Jr., Atty. Gen. and Richard E. Hardison, Deputy Atty. Gen. on brief), for appellant.

M. Blane Michael, Petersburg, W. Va. [Court-appointed counsel], for appellee.

Before BRYAN, Senior Circuit Judge, FIELD and WIDENER, Circuit Judges.


BRYAN, Senior Circuit Judge:

Identification of Michael Harvey Ghiz, during his West Virginia court trial, as the armed robber of one Clinton Dailey was made, Ghiz maintains, in abrogation of his Fourteenth Amendment due process guarantee, and so he argues that his conviction and imprisonment cannot stand. After pressing his claim without success through the available State remedies, he prayed Federal habeas corpus release from the custody of the penitentiary warden...

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