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WEST v. WRIGHT

No. 89-6686.

931 F.2d 262 (1991)

Frank Robert WEST, Jr., Petitioner-Appellant, v. Ellis B. WRIGHT, Jr., Warden; Mary Sue Terry, Attorney General of Virginia, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 29, 1991.

As Amended June 21, 1991.

Attorney(s) appearing for the Case

Cynthia Mazur, Supervising Atty., argued (Steven H. Goldblatt, Director, Joseph Lombard, Patricia Mariani, Heidi Mason, Student Counsel, on brief), Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, D.C., for petitioner-appellant.

Marla Lynn Graff, Asst. Atty. Gen., argued (Mary Sue Terry, Atty. Gen. of Va., on brief), Richmond, Va., for respondents-appellees.

PHILLIPS, Circuit Judge:

Frank Robert West, Jr., appeals the dismissal of his petition for a writ of habeas corpus in which he challenged the sufficiency of the evidence to convict him of grand larceny in a prosecution by the Commonwealth of Virginia. We reverse and remand for the issuance of the writ.

I

On December 13, 1978, Angelo Cardova left his vacation home in Westmoreland County, Virginia. Thirteen days later, on December 26, 1978, he returned...

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