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FRAZIER v. WEATHERHOLTZ

Nos. 76-1511 and 76-2428.

572 F.2d 994 (1978)

Steven Franklin FRAZIER, Appellee, v. Glen WEATHERHOLTZ, Sheriff of Rockingham County, Appellant. Edward Allen DOOLEY, Appellee, v. C. C. SHEFFER, Superintendent, and Andrew Miller, Attorney General of the State of Virginia, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 27, 1978.

Attorney(s) appearing for the Case

Linwood T. Wells, Jr., and Jerry P. Slonaker, Asst. Attys. Gen., Richmond, Va. (Anthony F. Troy, Atty. Gen., and Reno S. Harp, III, Deputy Atty. Gen., Richmond, Va., on brief) for appellants in 76-1511 and 76-2428.

Johnson Kanady for appellee in 76-2428.

M. Bruce Wallinger, Harrisonburg, Va., for appellee in 76-1511.

Before FIELD, Senior Circuit Judge, and WIDENER and HALL, Circuit Judges.

FIELD, Senior Circuit Judge:

In each of these appeals the State of Virginia challenges the grant of habeas corpus relief by the district court based upon its conclusion that the instructions of the trial courts were violative of due process under the Supreme Court's decision in Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975).

Following oral argument, disposition of these cases was deferred pending...

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