Lam v. Peyton

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 a State prisoner, pursuant to 28 U.S.C. § 2254.

*254Petitioner is currently serving a term of twenty years in the Virginia State Penitentiary, pursuant to a conviction for statutory rape by the Circuit Court of Page County, Virginia, on May 23, 1960. At his trial petitioner was represented by court appointed counsel. Petitioner waived his right to trial by jury and entered a plea of guilty. No appeal was taken from petitioner’s conviction.

A habeas corpus…