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HOLT v. COM. OF VA.

Civ. A. No. 83-0060-D.

567 F.Supp. 210 (1983)

Gary R. HOLT, Petitioner, v. COMMONWEALTH OF VIRGINIA, Respondent.

United States District Court, W.D. Virginia.

June 28, 1983.

Attorney(s) appearing for the Case

John E. Greenbacker, Jr., Halifax, Va., for petitioner.

Linwood T. Wells, Jr., Asst. Atty. Gen., Richmond, Va., for respondent.

MEMORANDUM OPINION

KISER, District Judge.

Petitioner, Gary R. Holt, presents his petition for a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241 and 2254, attacking his state conviction for grand larceny. His petition raises questions of both jurisdiction and substance as follows: (1) whether Holt is "in custody" under the applicable federal habeas corpus statutes; and (2) whether his trial and conviction on a charge of grand larceny after having...

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