Legal Opinion

Joseph E. Magee v. C. C. Peyton, Superintendent of the Virginia State Penitentiary

Court of Appeals for the Fourth Circuit

Decided March 11, 1965No. 9641_1PublishedCited by 20 opinions

1Opinion of the Court

J. SPENCER BELL, Circuit Judge.

The petitioner appeals from a district court order dismissing his petition for a writ of habeas corpus without a plenary hearing. Joseph E. Magee was found guilty of murder on April 12, 1961, by a jury in the Court of Hustings of the City of Portsmouth, Virginia, and received a sentence of life imprisonment. On April 14, 1961, he wrote a letter from jail to the judge who presided at his trial in which the following statement appeared: “Your honor if possible will you write me a letter and let me know if I have any rights for another trial or not.” On May 1,…

2Cases cited7 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Douglas v. CaliforniaSupreme Court of the United States · 1963
  4. Brown v. AllenSupreme Court of the United States · 1953
  5. Price v. JohnstonSupreme Court of the United States · 1948

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3Cited by20 opinions

  1. Russell Judas Nelson v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1969
  2. Commonwealth ex rel. Robinson v. MyersSupreme Court of Pennsylvania · 1966
  3. Cabaniss v. CunninghamSupreme Court of Virginia · 1965
  4. St. Clair v. CoxDistrict Court, W.D. Virginia · 1970
  5. Donnell v. SwensonDistrict Court, W.D. Missouri · 1966

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