FABRITZ v. TRAURIG

No. 77-1411.

583 F.2d 697 (1978)

Virginia Lynnette FABRITZ, Appellant, v. Harry J. TRAURIG, Superintendent, Maryland Correctional Institution for Women, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 28, 1978.


Attorney(s) appearing for the Case

Michael S. Elder, Baltimore, Md. (Michael A. Millemann, Joyce R. Branda, Baltimore, Md., The Legal Services Clinic, Alan M. Barr and Anne F. Sirota, Third Year Law Students, Robert D. Klein, Piper & Marbury, Arnold M. Zerwitz and George E. Burns, Asst. Public Defenders, Baltimore, Md., on brief), for appellant.

Stephen B. Caplis, Asst. Atty. Gen., Baltimore, Md. (Francis B. Burch, Atty. Gen. of Maryland and Clarence W. Sharp, Asst. Atty. Gen., Chief, Crim. Div., Baltimore, Md., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge and RUSSELL, Circuit Judge.


BRYAN, Senior Circuit Judge:

Habeas corpus was refused by the District Court to Virginia Fabritz, a 20-year old mother, who was imprisoned under a conviction and five-year sentence in a Maryland court for abuse—delayed medical attention—touching the death of her daughter, Windy, three years of age. Md. Code Ann. Art. 27, § 35A(a) (Cum.Supp. 1975).1 The Court of Special Appeals of Maryland reversed, but the Court of Appeals...

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