BYRD v. HOPPER

Civ. A. No. C75-1128A.

402 F.Supp. 787 (1975)

Charles H. BYRD v. Warden Joseph S. HOPPER.

United States District Court, N. D. Georgia, Atlanta Division.

October 20, 1975.


Attorney(s) appearing for the Case

James C. Bonner, Jr., Thomas M. West, Prisoner Legal Counseling Project, University of Georgia School of Law, Jackson, Ga., for petitioner.

Lois F. Oakley, Asst. Atty. Gen., Atlanta, Ga., for respondent.


ORDER

O'KELLEY, District Judge.

This action is before the court on the petitioner's and the respondent's cross motions for judgment on the pleadings or in the alternative for summary judgment in this habeas corpus action. The petitioner was convicted of motor vehicle theft in the Superior Court of Troup County and sentenced to five years imprisonment; he did not take a direct appeal of the conviction but filed a state habeas corpus petition which was denied...

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