Legal Opinion

Mosby v. Superintendent, Virginia State Penitentiary

District Court, W.D. Virginia

Decided September 3, 1974No. Civ. A. No. 74-C-45-LPublished

1Opinion of the Court

OPINION and JUDGMENT

DALTON, District Judge.

Merchant Mosby, Jr., presently on bond from the respondent pursuant to a judgment of the Circuit Court for the City of Lynchburg, Virginia, entered on April 22, 1974, wherein he was sentenced to serve a term of one year imprisonment, having been convicted of violating § 46.1-387.8 of the Virginia Code, to wit, driving while classified a habitual offender, petitions this court for a writ of habeas corpus. 28 U.S.C. § 2254. Petitioner represents that his detention is illegal since the convictions alleged in the certificate of the Commissioner of the…

2Cases cited9 opinions

Argersinger v. HamlinSupreme Court of the United States · 1972
Berry v. City of CincinnatiSupreme Court of the United States · 1973
Jack D. Morgan v. Juvenile and Domestic Relations Court, Halifax County, Virginia, and Virginia Penal Systems, Richmond, VirginiaCourt of Appeals for the Fourth Circuit · 1974
Potts v. Superintendent of the Virginia State PenitentiarySupreme Court of Virginia · 1972
Cordle v. WoodyDistrict Court, E.D. Virginia · 1972

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