Legal Opinion
Evans v. Cunningham
Court of Appeals for the Fourth Circuit
Decided August 6, 1964No. 9152PublishedCited by 42 opinions
1Opinion of the Court
HAYNSWORTH, Circuit Judge.
The constitutionality of Virginia’s recidivist statute, as applied, is attacked upon the ground that it does not reach inmates of Virginia’s penitentiary who had been previously convicted of felonies in courts other than those of Virginia. The District Court dismissed the petition upon the ground that state remedies had not been exhausted. We affirm, but we do so upon the merits and not upon the procedural ground.
William Evans is an inmate of the Virginia State Penitentiary, serving an additional sentence imposed upon him under Virginia’s recidivist statute. His only…
2Cases cited9 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
- Ex Parte HawkSupreme Court of the United States · 1944
- Robert J. Grundler and Joseph L. Jelly v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1960
- Nathan Thomas v. W. K. Cunningham, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Theodore R. Allen v. E. P. Perini, SuperintendentCourt of Appeals for the Sixth Circuit · 1970
- David L. Rice v. Charles L. Wolff, Jr., Warden, Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1975
- William Ralph v. Warden, Maryland PenitentiaryCourt of Appeals for the Fourth Circuit · 1971
- Patton v. State of North CarolinaDistrict Court, W.D. North Carolina · 1966
- Woodall v. PettiboneCourt of Appeals for the Fourth Circuit · 1972
37 more not listed; retrieve them via the Exa API.