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SMITH v. PROCUNIER

No. 85-4001.

769 F.2d 170 (1985)

Michael Marnell SMITH, Appellant, v. Raymond K. PROCUNIER, Director of the Department of Corrections, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 10, 1985.

Attorney(s) appearing for the Case

Richard Bonnie, Charlottesville, Va. (J. Lloyd Snook, III, Paxson, Smith, Gilliam & Scott; Richard J. Bonnie, Charlottesville, Va., on brief), for appellant.

James E. Kulp, Sr. Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen., Richmond, Va., on brief), for appellee.

Before WIDENER and MURNAGHAN, Circuit Judges and WARRINER, United States District Judge for the Eastern District of Virginia, sitting by designation.

MURNAGHAN, Circuit Judge:

It has not infrequently been observed that there must be a better, more expeditious, way for dealing with cases which present the most stressful and distressful decisions with which a judge or panel of judges may be faced, namely, those involving appeals from denials of habeas corpus relief to criminal defendants convicted and sentenced to die. The offense here occurred on May 23, 1977. Michael Marnell Smith was convicted by a jury...

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