LAWSON v. MURRAY

No. 86-6763.

837 F.2d 653 (1988)

Clarence Eugene LAWSON, Petitioner-Appellee, v. Edward W. MURRAY, Director of the Virginia Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 25, 1988.


Attorney(s) appearing for the Case

Linwood Theodore Wells, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen. of Virginia, on brief), for respondent-appellant.

Jessica A. Ginsburg, Third-Year Law Student (Stephen A. Saltsburg, Supervising Atty., University of Virginia School of Law, Post-Conviction Asst. Project, on brief), for petitioner-appellee.

Before RUSSELL and HALL, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


HAYNSWORTH, Senior Circuit Judge:

In a state court in Virginia, Clarence Lawson was convicted of burglary, attempted burglary and larceny. During his trial, he offered in his defense the testimony of Larry Bellamy, who, after briefly giving some testimony tending to exculpate Lawson, cut off cross-examination by invoking his fifth amendment privilege against self-incrimination. Believing that Bellamy's invocation of the privilege substantially impaired the Commonwealth...

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