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JOHNSON v. MUNCY

No. 86-6636.

830 F.2d 508 (1987)

Major Melvin JOHNSON, Plaintiff-Appellee, v. R.M. MUNCY; Attorney General of Virginia, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 22, 1987.

Rehearing and Rehearing Denied November 17, 1987.

Attorney(s) appearing for the Case

Frank A. Ferguson, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen. of Virginia, on brief), for defendants-appellants.

John Biek, Student Counsel (Steven H. Goldblatt, Director, Appellate Litigation Clinical Program, Georgetown University Law Center, Samuel Dash, Director, Ellen Pearlman, Appellate Law Fellow, Diane Kenty, Student Counsel, on brief), for plaintiff-appellee.

Before PHILLIPS and SPROUSE, Circuit Judges, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.

Rehearing and Rehearing En Banc Denied November 17, 1987.

FRANK A. KAUFMAN, Senior District Judge:

In September 1973, Johnson was convicted in a jury trial in the Circuit Court of Fairfax County, Virginia of rape and abduction, and sentenced to life imprisonment. The victim was accosted and raped during the early morning hours of March 17, 1973. At trial, Johnson and two witnesses testified, in support of an alibi defense, that Johnson had been elsewhere during...

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