TODD v. BASKERVILLE

Nos. 81-6517, 81-6730.

712 F.2d 70 (1983)

Wilbur Fletcher TODD, Appellant, v. Alton BASKERVILLE, Warden, Appellee. Aaron HOLSEY, # 121937, Appellant, v. Gary BASS, individually, and as Assistant Prosecutor with the State's Attorney's Office; James P. Farmer, individually, and as Assistant Public Defender for the City of Baltimore, Maryland; Alfred J. O'Ferrell, III, individually, and as the deputy Public Defender for the State of Maryland; Leonard S. Freedman, individually, and as an Attorney with a practice; J. Harold Grady, individually, and as the Chief Judge of the Supreme Bench of Baltimore, Maryland; Allen D. Greif, individually, and as appointed Defender; Thomas E. Kelly, individually, and as a Parole Agent with the Dept. of Parole and Probation for the State of Maryland; Edward Mintzer, individually, and as an Official Court Reporter with the Supreme Bench; James W. Murphy, individually, and as an Associated Justice, assigned to the Supreme Bench; Charles E. Orth, Jr., individually, and as the Former Chief Judge of the Md. Court of Special Appeals; Calvin R. Payne, individually, and as an Official Court Reporter with the Supreme Bench; Leonard D. Redmond, III, individually and as an Assistant Public Defender for the City of Baltimore, Maryland; Julius A. Romano, individually, and as the Former Chief of Md. Court of Special Appeals; Gerald A. Smith, individually, and as Appointed Public Defender; Norman N. Yankellow, individually, and as Chief Public Defender for the City of Baltimore, Maryland, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 6, 1983.


Attorney(s) appearing for the Case

James Phillip Chandler, Sr., Washington, D.C., for appellants.

Guy W. Horsley, Jr., Asst. Atty. Gen., Richmond, Va., Patricia McDonald, Asst. Atty. Gen., Baltimore, Md. (Gerald L. Baliles, Atty. Gen. of Virginia, Richmond, Va., Stephen H. Sachs, Atty. Gen. of Maryland, Maureen O'Ferrall Gardner, Asst. Atty. Gen., Baltimore, Md., on brief) for appellees.

Before RUSSELL and CHAPMAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


DONALD RUSSELL, Circuit Judge:

These appeals have been consolidated because both involve the "ambiguous borderland"1 between habeas corpus proceedings and § 1983 actions, though the dispositive issue in the two cases are different. As they come to us, the Todd appeal poses the question whether the action by a state prisoner in that case was to be considered in habeas and thus subject to state exhaustion or was to be treated...

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