Joseph M. GIARRATANO; Johnny Watkins, Jr.; Richard T. Boggs, Plaintiffs-Appellees,
v.
Edward W. MURRAY, Director, Virginia Department of Corrections; Gerald L. Baliles, Governor; Robert N. Baldwin; Michael Samberg, Warden, in their official capacities, Defendants-Appellants.
Joseph M. GIARRATANO; Johnny Watkins, Jr.; Richard T. Boggs, Plaintiffs-Appellants,
v.
Edward W. MURRAY, Director, Virginia Department of Corrections; Gerald L. Baliles, Governor; Robert N. Baldwin; Michael Samberg, Warden, in their official capacities, Defendants-Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued July 9, 1987.
Decided January 4, 1988.
Attorney(s) appearing for the Case
Robert Q. Harris, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Richard F. Gorman, III, Asst. Atty. Gen., Guy W. Horsley, Jr., Sr. Asst. Atty. Gen., on brief), for defendants-appellants.
Steven E. Landers (Jay Topkis, Alisa D. Shudofsky, Clyde Allison, Paul, Weiss, Rifkind, Wharton & Garrison, Gerald T. Zerkin, Zerkin, Heard & Kozak, Martha A. Geer, Smith, Patterson, Follin, Curtis, James & Harkavy, Jonathan D. Sasser, Moore & Van Allen, on brief), for plaintiffs-appellees.
Eugene C. Thomas, President, American Bar Ass'n, Ronald J. Tabak, Sara-Ann Determan, Charles G. Cole, on brief, for amicus curiae American Bar Ass'n.
Before HALL and WILKINS, Circuit Judges, and G. ROSS ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
WILKINS, Circuit Judge:
This is a consolidated appeal and cross-appeal arising from a class action initiated by death row inmates in the Commonwealth of Virginia pursuant to 42 U.S.C.A. § 1983 (West 1981). The Commonwealth appeals an order of the district court, 668 F.Supp. 511, requiring the automatic appointment of counsel for death row inmates, on request, to prepare state habeas corpus petitions challenging their convictions...
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