OSTRANDER v. GREEN

No. 94-6396.

46 F.3d 347 (1995)

Philip James OSTRANDER, Petitioner-Appellant, v. Fred W. GREEN, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 1, 1995.


Attorney(s) appearing for the Case

ARGUED: Ira Nikelsberg, Nikelsberg & Rizzo, P.C., Fairfax, VA, for appellant. John H. McLees, Jr., Asst. Atty. Gen., Richmond, VA, for appellee. ON BRIEF: Lawrence Eliot Freedman, L. Freedman & Associates, P.C., Fairfax, VA, for appellant. James S. Gilmore, III, Atty. Gen. of Virginia, Richmond, VA, for appellee.

Before HALL and MICHAEL, Circuit Judges, and CHAPMAN, Senior Circuit Judge.


Reversed and remanded by published opinion. Judge HALL wrote the opinion, in which Judge MICHAEL and Senior Judge CHAPMAN joined.

OPINION

K.K. HALL, Circuit Judge:

Philip James Ostrander, a Virginia prisoner, appeals an order of the district court dismissing his petition for a writ of habeas corpus. We reverse.

I.

A.

Ostrander was a successful young businessman in the Virginia Beach area. In 1990, his fifteen-year-old...

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