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JONES v. CUNNINGHAM

No. 8356.

319 F.2d 1 (1963)

John R. JONES, Appellant, v. W. K. CUNNINGHAM, Jr., Superintendent of Virginia State Penitentiary, and Charles P. Chew, Ralph E. Wilkins, and James W. Phillips, Members of the Virginia Parole Board, Substitute Respondents, Appellees.

United States Court of Appeals Fourth Circuit.

Decided September 14, 1961.

Upon Remand June 4, 1963.

Attorney(s) appearing for the Case

F. D. G. Ribble and Daniel J. Meador, Charlottesville, 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, and HAYNSWORTH and BOREMAN, Circuit Judges.

HAYNSWORTH, Circuit Judge.

A Virginia recidivist filed a petition for habeas corpus, in which he attacked the validity of his first underlying conviction on the ground that he was not represented by counsel. The District Court denied the petition and Jones appealed to this Court. While his appeal was pending here, Jones was paroled by the Virginia Parole Board, and, with the approval of the Board, established a residence in...

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