Legal Opinion

Via v. Peyton

District Court, W.D. Virginia

Decided May 24, 1968No. Civ. A. 67-C-28-HPublishedCited by 13 opinions

1Opinion of the Court

OPINION and JUDGMENT

DALTON, Chief Judge.

This case comes before the court upon a petition for a writ of habeas corpus filed in forma pauperis by Eugene B. Via, a state prisoner, pursuant to the provisions of 28 U.S.C. § 2241.

The petitioner attacks the constitutional validity of a series of convictions imposed in five different state courts. The allegedly invalid convictions, pursuant to which a total term of 52 years and 9 months was imposed, are as follows:(1) April 5, 1962, Corporation Court for the City of Staunton, two charges of statutory burglary and larceny.(2) April 16, 1962, Circuit…

2Cases cited17 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. In Re OliverSupreme Court of the United States · 1948
  3. Von Moltke v. GilliesSupreme Court of the United States · 1948
  4. Walker v. JohnstonSupreme Court of the United States · 1941
  5. United States v. Ruth SmithCourt of Appeals for the Second Circuit · 1962

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3Cited by13 opinions

  1. Albert H. Carter v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
  2. Elliotte v. CommonwealthCourt of Appeals of Virginia · 1988
  3. Jean-Laurent v. CommonwealthCourt of Appeals of Virginia · 2000
  4. United States Ex Rel. Mayberry v. YeagerDistrict Court, D. New Jersey · 1971
  5. State v. JonesSupreme Court of Iowa · 1979

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