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KELLY v. WARDEN, HOUSE OF CORRECTION

No. 82-6301.

701 F.2d 311 (1983)

John Wesley KELLY, Jr., Appellant, v. WARDEN, HOUSE OF CORRECTION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1983.

Attorney(s) appearing for the Case

Larry J. Ritchie, Washington, D.C. (Geltner & Ritchie, Washington, D.C., on brief), for appellant.

Stephanie J. Lane, Asst. Atty. Gen., Baltimore, Md. (Stephen H. Sachs, Atty. Gen. of Maryland, Stephen B. Caplis, Chief, Correctional Litigation, Baltimore, Md., on brief), for appellee.

Before MURNAGHAN, Circuit Judge, BUTZNER, Senior Circuit Judge, and BLACK, District Judge.

MURNAGHAN, Circuit Judge:

The district court in Kelly v. Warden, House of Correction, 468 F.Supp. 965 (D.Md.1979), has thoroughly outlined the factual aspects of the petition under 28 U.S.C. § 2254 for habeas corpus relief. Kelly was convicted of first degree murder and on February 28, 1971 was sentenced to life imprisonment. The district judge carefully and in detail described the legal issues involved and stated...

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