NELSON v. ROGERS

No. 76-1524.

549 F.2d 301 (1977)

Patricia Brown NELSON, on behalf of herself and all others similarly situated, Appellant, v. The Honorable Robert T. ROGERS, Judge of the Circuit Court, Twenty-Third Judicial Circuit of Virginia, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 27, 1977.


Attorney(s) appearing for the Case

Henry L. Woodward, Roanoke, Va. (Claude M. Lauck, The Legal Aid Society of Roanoke Valley, Richmond, Va., on brief), for appellant.

Henry M. Massie, Jr., Asst. Atty. Gen., Richmond, Va. (Andrew P. Miller, Atty. Gen. of Va., Richmond, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and HALL, Circuit Judges.


K. K. HALL, Circuit Judge:

The petitioner, Patricia Brown Nelson, brings this case on for review after the majority of a three-judge court below abstained from considering her claim that Sections 8-72 and 20-104 of the Virginia Code operate to deprive her of equal protection and due process of law.

In Boddie v. Connecticut, 401 U.S. 371, 91 S.Ct. 780, 28 L.Ed.2d 113 (1971), the United States Supreme Court struck down...

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