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BATTLE v. PEYTON

Civ. A. No. 67-C-97-R.

284 F.Supp. 645 (1968)

Robert Lee BATTLE, Petitioner, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Respondent.

United States District Court W. D. Virginia, Roanoke Division.

May 8, 1968.

Attorney(s) appearing for the Case

Overton P. Pollard, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION and JUDGMENT

DALTON, Chief Judge.

Having exhausted his available state remedies as required by 28 U.S.C. § 2254 as interpreted by Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963), petitioner is properly before this court on his petition for a writ of habeas corpus. The state records emanating from both the original criminal trial and from petitioner's state habeas corpus proceeding have been reviewed...

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