Legal Opinion

Napier v. Peyton

District Court, W.D. Virginia

Decided July 10, 1968No. Civ. A. No. 68-C-49-APublished

1Opinion of the Court

OPINION AND JUDGMENT

DALTON, Chief Judge.

This case comes before this court upon a petition for a writ of habeas corpus filed in forma pawperis by Fred Napier, a state prisoner of Virginia, pursuant to the provisions of 28 U.S.C. § 2241.

Petitioner is currently serving a thirty (30) year prison sentence following his conviction for robbery in the Circuit Court of Wise County, Virginia, on February 10, 1961.

Petitioner subsequently filed a petition for a writ of habeas corpus in the Circuit Court of Wise County, Virginia, but said petition was dismissed by said Circuit Court on December 21,1966.

The…

2Cases cited7 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Fay v. NoiaSupreme Court of the United States · 1963
  3. Snyder v. CommonwealthSupreme Court of Virginia · 1961
  4. Percy Detoro v. Vernon L. Pepersack, Warden of the Maryland PenitentiaryCourt of Appeals for the Fourth Circuit · 1964
  5. Behrens v. HironimusCourt of Appeals for the Fourth Circuit · 1948

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