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Blankenship v. Cunningham

United States Court of Appeals, Fourth Circuit
Nov 10, 1961
296 F.2d 604 (4th Cir. 1961)

Opinion

No. 8370.

Argued October 3, 1961.

Decided November 10, 1961.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond; Oren R. Lewis, Judge.

Perkins Wilson, Richmond, Va. (Court-assigned Counsel), for appellant.

Reno S. Harp, III, Asst. Atty. Gen., of Virginia (Frederick T. Gray, Atty. Gen., of Virginia, on brief), for appellee.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and MICHIE, District Judge.


This appeal from the refusal of the United States District Court for the Eastern District of Virginia to grant a plenary hearing to the appellant on his petition for a writ of habeas corpus raises substantially the same issue as the first issue discussed in the case of McGrady v. Cunningham, 4 Cir., 296 F.2d 600.

The issue being the same, the decision must be the same as in the McGrady case and we see no reason to discuss the issue again. The action of the District Court must be affirmed.

Affirmed.


Summaries of

Blankenship v. Cunningham

United States Court of Appeals, Fourth Circuit
Nov 10, 1961
296 F.2d 604 (4th Cir. 1961)
Case details for

Blankenship v. Cunningham

Case Details

Full title:Oakie BLANKENSHIP, Appellant, v. W.K. CUNNINGHAM, Jr., Superintendent of…

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 10, 1961

Citations

296 F.2d 604 (4th Cir. 1961)

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