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VIA v. SUPERINTENDENT, POWHATAN CORRECTIONAL CTR.

No. 79-6550.

643 F.2d 167 (1981)

Herman Mathew VIA, Appellee, v. SUPERINTENDENT, POWHATAN CORRECTIONAL CENTER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1981.

Attorney(s) appearing for the Case

Linwood T. Wells, Jr., Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen., Richmond, Va., on brief), for appellant.

Johnson Kanady, III, Richmond, Va. (Rocovich, Dechow, Parvin & Wilson, P. C., Richmond, Va., on brief), for appellee.

Before BUTZNER, Circuit Judge, JOE INGRAHAM, Senior Circuit Judge for the Fifth Circuit, sitting by designation, and RUSSELL, Circuit Judge.

BUTZNER, Circuit Judge:

The Superintendent of a Virginia prison appeals from a judgment of the district court granting Herman Via a writ of habeas corpus on the ground that his plea of guilty to five drug charges in state court is invalid because he was denied effective assistance of counsel. We affirm.

I

The record of the state trial proceedings discloses that on March 28, 1977, the grand jury returned three indictments charging Via with the sale...

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