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BREWSTER v. BORDENKIRCHER

No. 83-6465.

745 F.2d 913 (1984)

David Harvey BREWSTER, Appellant, v. Donald E. BORDENKIRCHER, Warden, West Virginia Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1984.

Attorney(s) appearing for the Case

James A. McLaughlin, Charleston, W.Va., for appellant.

John Ernest Shank, Asst. Atty. Gen., Charleston, W.Va. (Chauncey H. Browning, Atty. Gen., Charleston, W.Va., on brief), for appellee.

Before WIDENER, PHILLIPS, and MURNAGHAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

In June 1975 the State of West Virginia secured the conviction of David Harvey Brewster for armed robbery of a supermarket. The evidence to support the conviction was easily sufficient. Brewster, however, has now sought a writ of habeas corpus because of an alleged invasion of his constitutional rights. Specifically, his allegations, unsuccessful in the district court, were that his enforced appearance before the jury wearing manacles...

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