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VANCE v. HEDRICK

No. 80-6800.

659 F.2d 447 (1981)

Roland VANCE, Appellee, v. Jerry C. HEDRICK, Acting Warden; Harley Mooney, Superintendent, West Virginia State Police, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1981.

Rehearing and Rehearing Denied October 28, 1981.

Attorney(s) appearing for the Case

Silas B. Taylor, Asst. Atty. Gen., Charleston, W. Va. (Chauncey H. Browning, Jr., Atty. Gen., S. Clark Woodroe, Asst. Atty. Gen., Charleston, W. Va., on brief), for appellants.

John Preston Bailey, Wheeling, W. Va. (Bailey, Byrum & Vieweg, Wheeling, W. Va., on brief), for appellee.

Before HAYNSWORTH, Senior Circuit Judge, ERVIN, Circuit Judge, and RAMSEY, District Judge.

Rehearing and Rehearing En Banc Denied October 28, 1981.

HAYNSWORTH, Senior Circuit Judge:

The question is the limits of the reach of the federal writ of habeas corpus, viewed in its original concept as available only on the question of the competence of the sentencing court, when there are procedural defects characterized by the relevant state court as "jurisdictional." We conclude that the federal writ is unavailable.

I.

In August, 1975...

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