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TOLIVER v. GATHRIGHT

Civ. A. No. 79-0995-R.

501 F.Supp. 148 (1980)

Larry D. TOLIVER, Petitioner, v. J. S. GATHRIGHT, Superintendent, Respondent.

United States District Court, E. D. Virginia, Richmond Division.

October 22, 1980.

Attorney(s) appearing for the Case

Charles W. Peraino, Richmond, Va., court appointed, and Larry D. Toliver, pro se, for petitioner.

Robert E. Bradenham, II, Asst. Atty. Gen., Richmond, Va., for respondent.

MEMORANDUM

MERHIGE, District Judge.

Larry Darnell Toliver, an inmate in the Virginia Correctional system, petitions the court for a writ of habeas corpus, challenging his conviction in the Circuit Court for the City of Richmond on a charge of statutory burglary, for which he was sentenced to a term of six years in the penitentiary. Petitioner attacks his conviction on the grounds that the admission into evidence of an inculpatory statement violated his Fifth...

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