MURRAY v. MARTINEZ

Record No. 861224.

361 S.E.2d 136 (1987)

Edward MURRAY, Director, etc. v. Cosme MARTINEZ.

Supreme Court of Virginia.

October 9, 1987.


Attorney(s) appearing for the Case

Robert B. Condon, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellant.

Stephen F. Forbes, Hampton, for appellee.

Present: All the Justices.


WHITING, Justice.

In this appeal, we decide whether the trial court properly granted a habeas corpus petition upon the ground that the petitioner waived his right to a jury trial because he misunderstood the probable duration of his incarceration. Consistent with well-established appellate principles, we view the facts in the light most favorable to Martinez, who prevailed in the lower court.

At his trial on June...

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