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CABBLER v. SUPERINTENDENT, VA. STATE PENITENTIARY

No. 74-1555.

528 F.2d 1142 (1975)

Herbert W. CABBLER, Appellee, v. SUPERINTENDENT, VIRGINIA STATE PENITENTIARY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 8, 1975.

Attorney(s) appearing for the Case

Gilbert W. Haith, Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen. of Va., on brief), for appellant.

William K. Lambie, Jr., Associate Executive Director, Frank G. Carrington, Executive Director, Wayne W. Schmidt, Evanston, Ill., and Harrison Mann, Washington, D.C., on brief for amicus curiae Americans for Effective Law Enforcement, Inc., and the Va. Chapter of Americans for Effective Law Enforcement, Inc.

JeRoyd X. Greene, Jr., Richmond, Va. (Greene & Poindexter, Inc., Richmond, Va., on brief), for appellee.

Before CRAVEN, FIELD and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

The petitioner Cabbler, a prisoner of the Commonwealth of Virginia, sought habeas corpus relief under 28 U.S.C. § 2254 from his convictions of grand larceny and petty larceny in the Virginia courts, alleging that evidence was admitted in his trial which had been seized from his automobile in violation of the Fourth Amendment. Based on the state record, the district court found for the petitioner, 374 F.Supp. 690

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