Frank Ervin Altizer, Jr. v. E. L. Paderick, Superintendent Virginia State Penitentiary and Andrew P. Miller, Attorney General of Virginia

Frank Ervin Altizer, Jr., a Virginia prisoner under convictions for abduction, sodomy and rape, filed a petition for habeas corpus relief pursuant to 28 U.S.C. § 2241. In his petition Altizer charged that his rights had been violated by (1) prejudicial pretrial publicity; (2) denial of a fair and impartial jury; (3) suggestive pretrial photographic identification; and (4) introduction of evidence at his trial which was seized pursuant to an unconstitutional search.

The district judge, after a careful review of the state court record, concluded that Altizer was not entitled to relief. Upon…