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FERGUSON v. BOYD

No. 76-2034.

566 F.2d 873 (1977)

Herbert Levi FERGUSON, Appellant, v. F. C. BOYD, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 11, 1977.

Rehearing Decided December 27, 1977.

Attorney(s) appearing for the Case

Barry Nakell, Chapel Hill, N.C. and Third Year Law Students Catherine Reid and Robert John White, for appellant.

Wilburn C. Dibling, Jr., Asst. Atty. Gen., of Virginia, Richmond, Va. (Andrew P. Miller, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and COPENHAVER, District Judge.

Rehearing En Banc Decided December 27, 1977.

PER CURIAM:

Petitioner, Herbert Levi Ferguson, brings this appeal challenging the validity of his conviction in state court on the ground that a statement made by him to the prosecutor and admitted as evidence at his trial was involuntary in that it was (1) coerced by psychological means and (2) induced by a promise that his girlfriend would be released if he confessed. Petitioner also contends that the statement...

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