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KIBERT v. BLANKENSHIP

Nos. 78-6461, 78-6462.

611 F.2d 520 (1979)

Lloyd Paskel KIBERT, Appellee, v. W. D. BLANKENSHIP, Appellant. Lloyd Paskel KIBERT, Appellant, v. W. D. BLANKENSHIP, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 4, 1979.

Attorney(s) appearing for the Case

Burnett Miller, III, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen., Richmond, Va., on brief), for appellant in No. 78-6461 and for appellee in No. 78-6462.

Larry J. Ritchie, Georgetown University Law Center, Washington, D. C., App. Litigation Clinic, and Patricia Collins, Third Year Law Student (Michael E. Geltner, Washington, D. C., and T. Samuel Shomaker, Third Year Law Student, on brief), for appellee in No. 78-6461 and for appellant in No. 78-6462.

Before RUSSELL, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

FIELD, Senior Circuit Judge:

The Commonwealth of Virginia appeals from an order of the United States District Court for the Western District of Virginia granting habeas corpus relief to Lloyd Paskell Kibert. Kibert v. Blankenship, 454 F.Supp. 400 (W.D.Va. 1978).

The petitioner, together with his brothers, Jessee and LeJunior, was arrested on April 26, 1959, in Lee County, Virginia, for the ambush killings of his...

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