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SPENCER v. CUNDIFF

Civ. A. Nos. 76-0015 and 76-0016.

413 F.Supp. 1246 (1976)

Robert Edward SPENCER, # 98768, Petitioner, v. O. Raymond CUNDIFF, Judge, Lynchburg Circuit Court, Respondent. Robert Edward SPENCER, # 98768, Petitioner, v. Jack DAVIS, Director, Virginia State Penitentiary, Respondent.

United States District Court, W. D. Virginia.

May 18, 1976.

Attorney(s) appearing for the Case

Robert Edward Spencer, pro se.

Linwood T. Wells, Jr., Asst. Atty. Gen., Richmond, Va., for respondents.

MEMORANDUM OPINION and ORDER

DALTON, District Judge.

These are two cases brought by Robert Edward Spencer, an inmate at Wise Correctional Unit # 18. The petitioner was sentenced by the Honorable O. Raymond Cundiff in the Circuit Court of the City of Lynchburg on a guilty plea to a charge of uttering a false check. The petitioner entered this plea midway through his trial before a jury after the prosecution agreed in a plea bargain to move that a charge of...

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