Delph v. Slayton

OPINION and JUDGMENT

DALTON, Chief Judge.

This case is on remand from the Fourth Circuit, 471 F.2d 648, with instructions to reconsider one of petitioner’s allegations in light of the recent Supreme Court decision of Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972) which was decided after this court handed down its first decision in this ease. For a complete statement of the facts in this case the court refers to its first opinion in this case, Delph v. Slayton, 343 F.Supp. 449 (W.D.Va.1972). The question on remand is whether or not the petitioner was denied his right to a…