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LEE v. WINSTON

No. 82-6762.

717 F.2d 888 (1983)

Rudolph LEE, Jr., Appellee, v. Andrew J. WINSTON, Sheriff; Aubrey M. Davis, Jr., Appellants, and Gerald Baliles; Circuit Court, City of Richmond, Division I, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 14, 1983.

Attorney(s) appearing for the Case

Stacy F. Garrett, III, Deputy Commonwealth's Atty., Richmond, Va. (Aubrey M. Davis, Jr., Commonwealth's Atty., Richmond, Va., on brief), for appellants.

Joseph Ryland Winston, Richmond, Va. (House, Lubman & Davidson, Richmond, Va., on brief), for appellee.

Before WIDENER, PHILLIPS and SPROUSE, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

Andrew J. Winston, Sheriff of the City of Richmond, Virginia, and Aubrey M. Davis, Jr., Commonwealth's Attorney for the City of Richmond, Virginia, appeal an order of the district court enjoining them from removing a bullet from the chest of Rudolph Lee and issuing a writ of habeas corpus. The Commonwealth of Virginia moved in state court to compel Lee to undergo surgery for the removal of a bullet believed to be relevant evidence...

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