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UNDERWOOD v. BROWN

Record No. 0018-85.

338 S.E.2d 854 (1986)

H.L. UNDERWOOD, Superintendent Pulaski Correctional Unit, Unit One, v. Theron Ulysses BROWN.

Court of Appeals of Virginia.

Decided January 7, 1986.

Attorney(s) appearing for the Case

Robert H. Anderson, III, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on briefs), for appellant.

S. Dutton Olinger, Blacksburg, for appellee.

Present: KOONTZ, C.J., and BAKER and MOON, JJ.

JOSEPH E. BAKER, Judge.

H.L. Underwood, Superintendent of Pulaski County Correctional Unit (Commonwealth), appeals from the December 4, 1984, order of the Montgomery County Circuit Court (habeas court) which granted the November 10, 1983, petition for a writ of habeas corpus of Theron Ulysses Brown (petitioner). The order granted the Commonwealth leave to retry petitioner within sixty (60) days.

The habeas petition alleges that petitioner received constitutionally...

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