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CARRIER v. HUTTO

No. 83-6039.

724 F.2d 396 (1983)

Clifford W. CARRIER, Appellant, v. Terrell D. HUTTO, Director of the Virginia Department of Corrections, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 27, 1983.

Attorney(s) appearing for the Case

Karen L. Morris, Third Year Law Student (William A. Reppy, Jr., Duke Law School, Durham, N.C., on brief), for appellant.

Linwood T. Wells, Jr., Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellee.

Before HALL and ERVIN, Circuit Judges, and WYZANSKI, Senior District Judge.

ERVIN, Circuit Judge:

Clifford Carrier, a Virginia prisoner, appeals from the dismissal of his federal petition for a writ of habeas corpus under 28 U.S.C. § 2254. His petition alleged that the state trial court violated due process by denying Carrier access to certain evidence in the district attorney's possession. The district court ruled that because Carrier failed to present this claim on direct appeal to the Virginia Supreme Court, he was barred from doing...

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