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COOPER v. MITCHELL

Nos. 80-6682, 80-6683.

647 F.2d 437 (1981)

Horace James COOPER, Appellant, v. James P. MITCHELL, Superintendent, Virginia State Penitentiary; and J. Marshall Coleman, Attorney General of Virginia, Appellees. Horace James COOPER, # 102628, Appellant, v. James P. MITCHELL, Superintendent, Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 27, 1981.

Attorney(s) appearing for the Case

Stephen A. Saltzburg, Charlottesville, Va., University of Virginia Law School, for appellant.

Jerry P. Slonaker, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen., Richmond, Va., on brief), for appellees.

Before HAYNSWORTH, C. J., and WINTER and RUSSELL, Circuit Judges.

WINTER, Circuit Judge:

Cooper, a Virginia prisoner, appeals the orders of the United States District Court for the Western District of Virginia denying his petitions for a writ of habeas corpus under 28 U.S.C. § 2254. He contends that he was denied due process of law when he was retried by a jury which imposed a sentence on him much more severe than the sentence imposed by the jury at his first trial, that he was denied his right to a speedy trial when a retrial...

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