FRYE v. PROCUNIER

No. 84-6043.

746 F.2d 1011 (1984)

Darryl Leroy FRYE, Appellant, v. Raymond K. PROCUNIER, Director, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 18, 1984.


Attorney(s) appearing for the Case

Russell Williams, Third Year Law Student (Robert E. Shepherd, Jr., Richmond, Va., on brief) for appellant.

Jacqueline G. Epps, Sr. Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellee.

Before WIDENER, HALL and MURNAGHAN, Circuit Judges.


WIDENER, Circuit Judge.

Darryl Leroy Frye, having exhausted state remedies, appeals the denial of his application for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. He was convicted in a state court in Virginia of two counts of malicious wounding, robbery and use of a firearm during the commission of a felony.

On August 19, 1980, Russell's Store in Louisa County, Virginia was robbed by armed men. During the robbery, both Mrs. Ida Mae Russell...

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