No. 81-6293.

683 F.2d 97 (1982)

Early Lee HARRIS, Appellant, v. Gil INGRAM, Warden, Federal Correctional Institute, Butner, North Carolina and J. Marshall Coleman, Attorney General of Virginia, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1982.

Rehearing Denied August 20, 1982.

Attorney(s) appearing for the Case

Richard A. Simpson, Chicago, Ill. (Schiff, Hardin & Waite, Chicago, Ill., on brief), for appellant.

Jerry P. Slonaker, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., Richmond, Va., on brief), for appellees.

Before WIDENER, ERVIN and CHAPMAN, Circuit Judges.

WIDENER, Circuit Judge:

Early Lee Harris was convicted of possession of burglary tools in a Virginia court on May 19, 1978. He was sentenced to a term of 12 months in jail, and was unconditionally released on December 20, 1978. Harris apparently chose to bypass a direct appeal of his Virginia conviction and instead filed a State habeas corpus petition, he says, in June 1978. No disposition of that petition was made before Harris was released from jail, and the habeas...

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