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GRAY v. HUTTO

No. 80-6679.

648 F.2d 210 (1981)

Michael GRAY, Appellant, v. T. D. HUTTO, Superintendent, Virginia State Penitentiary; Terry Richtmeyer, Superintendent, St. Bride's Correctional Center, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 1, 1981.

Rehearing Denied May 6, 1981.

Attorney(s) appearing for the Case

Karen Breeding Peters, Alexandria, Va. (Zwerling & Shapiro, P.C., Alexandria, Va., on brief), for appellant.

Vera S. Warthen, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Virginia, Robert E. Bradenham, II, Asst. Atty. Gen., Richmond, Va., on brief), for appellees.

Before MURNAGHAN and ERVIN, Circuit Judges, and MERHIGE, District Judge.

MURNAGHAN, Circuit Judge:

Found guilty in a state court prosecution of possession of a controlled substance (PCP) with intent to distribute, Gray appeals a denial of habeas corpus by the United States District Court for the Eastern District of Virginia. The application for habeas corpus proceeded on a claim that, during a lunch recess in the one-day trial, one of the jurors told her husband that she thought Gray was guilty.

The matter had first been called...

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