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DELPH v. SLAYTON

Civ. A. No. 72-C-17-H.

355 F.Supp. 888 (1973)

David Lee DELPH, Petitioner, v. A. E. SLAYTON, Jr., Superintendent, Virginia State Penitentiary, Respondent.

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

February 14, 1973.

Attorney(s) appearing for the Case

Burnett Miller, III, Asst. Atty. Gen., Richmond, Va., counsel for respondent.

OPINION and JUDGMENT

DALTON, Chief Judge.

This case is on remand from the Fourth Circuit, 471 F.2d 648, with instructions to reconsider one of petitioner's allegations in light of the recent Supreme Court decision of Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L. Ed.2d 101 (1972) which was decided after this court handed down its first decision in this case. For a complete statement of the facts in this case the court...

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