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DIRECTOR OF DEPT. OF CORRECTIONS v. JONES

Record No. 840326.

329 S.E.2d 33 (1985)

DIRECTOR OF the DEPARTMENT OF CORRECTIONS v. Joseph JONES.

Supreme Court of Virginia.

April 26, 1985.

Attorney(s) appearing for the Case

Linwood T. Wells, Jr., Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellant.

William H. Harris, Fredericksburg (Harris & Harris, P.C., Fredericksburg, on brief), for appellee.

Present: All the Justices.

COMPTON, Justice.

This is a habeas corpus proceeding filed by Joseph Jones who contends he was prejudiced in his 1980 criminal trial because his attorney failed to object to an instruction which had been ruled unconstitutional in Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979). Our decision is controlled by the recent case of Stokes v. Warden, 226 Va. 111, 306 S.E.2d 882

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