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CARRIER v. HUTTO

No. 83-6039.

754 F.2d 520 (1985)

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

United States Court of Appeals, Fourth Circuit.

Decided February 7, 1985.

Attorney(s) appearing for the Case

William A. Reppy, Legal Research Program, Durham, N.C., for appellant.

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

Before WINTER, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, sitting En Banc.

PER CURIAM:

Being of the opinion that under some circumstances, an error by an attorney which does not constitute a violation of the sixth amendment might be "cause" within the meaning of Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), we reverse the decision of the district court and remand this proceeding to that court for a determination of whether Carrier can successfully meet the "cause" requirement...

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