Meade v. Cox, 14510.
| Decision Date | 04 February 1971 |
| Docket Number | No. 14510.,14510. |
| Citation | 438 F.2d 323 |
| Parties | Kyle Douglas MEADE, Appellant, v. James D. COX, Superintendent, Virginia State Penitentiary, Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
J. Lawrence Manning, Jr., Washington, D. C. (Court-assigned), for appellant.
Van H. Lefcoe, Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen., on brief) for appellee.
Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge, and MARTIN, District Judge.
Kyle Douglas Meade appeals from an order of the district court denying his petition for a writ of habeas corpus without a hearing based upon the state court record.
Meade was found guilty of second degree murder by a jury and was sentenced on July 3, 1967, to eighteen years imprisonment by the Circuit Court of Russell County, Virginia. The Virginia Supreme Court of Appeals affirmed the conviction, whereupon Meade petitioned the trial court for a writ of habeas corpus. The petition was denied and dismissed upon review of the record without a plenary hearing. The district court denied Meade's present petition on February 16, 1970, 310 F.Supp. 233, and this appeal followed.
About Noon on February 13, 1967, Meade and his wife were driving in Asheville, North Carolina, when they were stopped by two Asheville policemen. Meade was driving a 1966 Chrysler with 1966 Virginia license plates. The officers had received a radio report and as a result of the report the officers stopped Meade. One of the officers questioned Meade about an attempted sale of a pistol at a pawn shop in Asheville, while his colleague obtained possession of a .32 caliber pistol from his wife which she was carrying in her pocketbook. The tactics used in obtaining the pistol are in dispute.
When Meade could not produce the title or other indicia of ownership of the automobile, he, his wife and the automobile were taken to the Asheville police station. There Meade stated that the car belonged to his brother-in-law, who worked in a local factory. When the factory reported that the brother-in-law was not employed there, Meade and his wife were formally arrested, she for carrying a concealed weapon, he for the crime of aiding and abetting carrying a concealed weapon.
About thirty minutes after they arrived at the police station, the police asked permission to search the car. Meade refused; the police searched nevertheless. The search disclosed a .22 caliber pistol in the glove compartment. Several hours later Meade without counsel gave a statement to the police concerning the shooting in Virginia.
The issues presented on this appeal are the validity of seizure of the two pistols, the .32 caliber from the wife's pocketbook and the .22 caliber from the glove compartment of the car, and the admissibility of Meade's statement given to the Asheville police officer after his arrest.
The district court held that Meade had no standing to question the validity of the seizure of the pistols, and did not determine the legality of their seizure. The appellant convincingly urges that under the policies set forth in Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960), he has standing. We do not decide the case on that ground since for reasons hereinafter stated we conclude...
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...police representation that "consideration" would be given to defendant held to be harmless beyond a reasonable doubt); Meade v. Cox, 438 F.2d 323, 325 (4th Cir.1971) (despite a dispute in the record about the voluntariness of the statement, court finds its admission to be harmless error); U......
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