Cordle v. Woody, Civ. A. No. 380-71-R.
| Court | United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia) |
| Writing for the Court | MERHIGE |
| Citation | 350 F. Supp. 479 |
| Parties | James Larry CORDLE v. G. J. WOODY, etc., et al. |
| Docket Number | Civ. A. No. 380-71-R. |
| Decision Date | 09 November 1972 |
350 F. Supp. 479
James Larry CORDLE
v.
G. J. WOODY, etc., et al.
Civ. A. No. 380-71-R.
United States District Court, E. D. Virginia, Richmond Division.
November 9, 1972.
Gordon P. Williams, Richmond, Va., for plaintiff.
Burnett Miller, III, Asst. Atty. Gen. of Va., Richmond, Va., for defendants.
MEMORANDUM
MERHIGE, District Judge.
Cordle, a Virginia prisoner, seeks a writ of habeas corpus herein to redress a misdemeanor conviction before the Hustings Court of the City of Richmond on February 26, 1971. Jurisdiction is attained pursuant to 28 U.S.C. § 2254. The respective parties have moved for summary judgment. The parties have submitted memoranda and documents in support of their respective motions and have appeared for a plenary hearing before this Court. Accordingly, the matters herein are ripe for disposition.
The facts are not in dispute. Cordle was convicted on January 26, 1971 of grand larceny for which he received a suspended sentence of three years imprisonment in the Virginia State Penitentiary. On February 26, 1971, Cordle was tried for a misdemeanor, the conviction complained of here. Prior to his misdemeanor trial, he stated to the trial court that he was an indigent and requested that counsel be appointed to represent him. At that time there was no provision under Virginia law for the appointment of counsel at misdemeanor trials and Cordle's request was accordingly denied. He was convicted upon a plea of not guilty and sentenced to serve twelve months in jail and to pay a fine of $100.00. On March 4, 1971, Cordle's suspension on the earlier grand larceny conviction was revoked and the petitioner was incarcerated to serve both sentences.
On March 10, 1971, this Court decided Marston v. Oliver, 324 F.Supp. 691 (E. D.Va.1971), wherein the Court ruled that the denial of appointed counsel to an accused misdemeanant who requested same rendered the conviction therein constitutionally defective. Subsequently, in June 1972, the Supreme Court reached the same result in Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972). On November 7, 1972, the Court of Appeals for the Fourth Circuit affirmed Marston, No. 71-1329, mem. decis., on the basis that Argersinger applies retroactively and thus supports this Court's original determination.
The issues which are determinative of the action herein are as follows:
1. Is this action moot?
2. Has the petitioner exhausted his available State remedies in compliance with 28 U.S.C. § 2241?
3. Do either Marston or Argersinger provide a basis for the relief sought herein?
Mootness
The petitioner has served his "time" on the misdemeanor conviction. This, ipso facto, raises the threshold question of mootness. The law is clear that a habeas corpus petition is not moot, although the sentence for the conviction
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United States v. Koonce, 72-1726.
...of the question, however, is essentially a factual matter for the trial judge to determine, United States v. Ceccerelli, supra 350 F. Supp. at 479, bearing in mind the broad investigatory powers of a grand jury to uncover offenses against federal law. Masinia v. United States, supra; Brown ......
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Mays v. Harris, Civ. A. No. 73-C-21-C.
...Unit, 355 F.Supp. 338 (E.D.Va. 1973); Herndon v. Superintendent Va. State Farm, 351 F.Supp. 1356 (E.D.Va. 1972); Cordle v. Woody, 350 F.Supp. 479 (E.D.Va.1972). Accordingly, this action is ready for determination on the The Fourth Circuit Court of Appeals has recently ruled that the decisio......
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United States v. Sawaya, No. 73-1205.
...F. 2d 652 (9th Cir. 1971). Several courts have held that Argersinger will also be applied retroactively. See, e. g., Cordle v. Woody, 350 F.Supp. 479 (E.D.Va.1972); Ramirez v. State, 486 S.W.2d 373 (Tex.Cr.App.1972); People v. Morrissey, 52 Ill.2d 418, 288 N.E.2d 397 (1972). Others, fearful......
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North Royalton v. Baker, 56792
...not serve as an official of a labor union, could not vote in elections, could not serve as a juror); Cordle v. Woody (D.C.Va.1972), 350 F.Supp. 479 (prisoner was eligible for parole on another sentence and misdemeanor conviction might have adverse effect on granting of such parole); Street ......
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United States v. Koonce, 72-1726.
...of the question, however, is essentially a factual matter for the trial judge to determine, United States v. Ceccerelli, supra 350 F. Supp. at 479, bearing in mind the broad investigatory powers of a grand jury to uncover offenses against federal law. Masinia v. United States, supra; Brown ......
-
Mays v. Harris, Civ. A. No. 73-C-21-C.
...Unit, 355 F.Supp. 338 (E.D.Va. 1973); Herndon v. Superintendent Va. State Farm, 351 F.Supp. 1356 (E.D.Va. 1972); Cordle v. Woody, 350 F.Supp. 479 (E.D.Va.1972). Accordingly, this action is ready for determination on the The Fourth Circuit Court of Appeals has recently ruled that the decisio......
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United States v. Sawaya, No. 73-1205.
...F. 2d 652 (9th Cir. 1971). Several courts have held that Argersinger will also be applied retroactively. See, e. g., Cordle v. Woody, 350 F.Supp. 479 (E.D.Va.1972); Ramirez v. State, 486 S.W.2d 373 (Tex.Cr.App.1972); People v. Morrissey, 52 Ill.2d 418, 288 N.E.2d 397 (1972). Others, fearful......
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North Royalton v. Baker, 56792
...not serve as an official of a labor union, could not vote in elections, could not serve as a juror); Cordle v. Woody (D.C.Va.1972), 350 F.Supp. 479 (prisoner was eligible for parole on another sentence and misdemeanor conviction might have adverse effect on granting of such parole); Street ......