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JONES v. ANGELONE

No. 95-6383.

94 F.3d 900 (1996)

Benjamin Henderson JONES, Petitioner-Appellant, v. Ronald J. ANGELONE, Director, Department of Corrections of the Commonwealth of Virginia, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 3, 1996.

Attorney(s) appearing for the Case

ARGUED: Michelle Jeanette Anderson, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, D.C., for Appellant. Linwood Theodore Wells, Jr., Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee. ON BRIEF: Steven H. Goldblatt, Amy J. Fastenberg, Student Counsel, Brian A. Hill, Student Counsel, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, D.C., for Appellant. James S. Gilmore, III, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Appellee.

Before MURNAGHAN, WILKINS, and LUTTIG, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the majority opinion, in which Judge WILKINS joined. Judge MURNAGHAN wrote an opinion concurring in the judgment.

OPINION

LUTTIG, Circuit Judge:

Appellant, Benjamin Henderson Jones, fled the Commonwealth of Virginia after murdering his mother and half-brother on January 8, 1975. He eluded authorities until April 20, 1975, when he was arrested in New York City on unrelated charges of armed robbery...

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