Titcomb v. Wyant, 831906
| Decision Date | 14 December 1984 |
| Docket Number | No. 831906,831906 |
| Citation | 323 S.E.2d 800 |
| Court | Virginia Supreme Court |
| Parties | Kenneth L. TITCOMB, Appellant, v. Judy WYANT, Superintendent, Haymarket Bureau of Corrections, Appellee. Record |
R. Randolph Willoughby, Manassas, for appellant.
Gerald L. Baliles, Atty. Gen., Linwood T. Wells, Jr., Asst. Atty. Gen., for appellee.
On November 5, 1984, came the appellant, by counsel, and filed copies of notices of appeal to the Supreme Court and the Court of Appeals from a judgment rendered against him on October 24, 1984, by the Circuit Court of Prince William County, wherein that court denied appellant's petition for a writ of habeas corpus.
On consideration whereof, the Court holds that exclusive jurisdiction over this appeal lies with the Court of Appeals, pursuant to Code §§ 17-116.04 and 17-116.05:4.
Accordingly, it is ordered that the notice of appeal to the Supreme Court be, and the same is hereby, dismissed.
Because the question of jurisdiction over appeals from habeas corpus determinations in the circuit courts is likely to arise in future cases, it is further ordered that a copy of this order be published in the Virginia Reports.
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Hill v. Com.
...or a crime...."), habeas corpus appeals were transferred to this Court under the authority of that statute. See Titcomb v. Wyant, 228 Va. lvii, 323 S.E.2d 800 (1984); Peterson v. Bass, 2 Va.App. 314, 316-18, 343 S.E.2d 475, 476-78 (1986). The amendment to the statute merely stated the obvio......
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Peterson v. Murray
...Peterson's habeas appeal was transferred to the Court of Appeals three days after the Virginia Supreme Court dismissed Titcomb v. Wyant, 323 S.E.2d 800 (1984), ruling that the intermediate state court had exclusive jurisdiction over habeas appeals pursuant to Va.Code Ann. Secs. 17-116.04 an......
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Peterson v. Bass
...is for capital murder. We conclude from a review of our jurisdictional statutes, and the Supreme Court's order in Titcomb v. Wyant, 228 Va. ----, 323 S.E.2d 800 (1984), that this court is without jurisdiction to hear habeas corpus appeals arising from convictions where the death penalty has......
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Titcomb v. Wyant
...jurisdiction over the appeal lies with the Court of Appeals, pursuant to Code §§ 17-116.04 and 17-116.05:4." Titcomb v. Wyant, --- Va. ---, 323 S.E.2d 800 (1984). The questions before this court are whether Titcomb was denied effective assistance of counsel and whether it was error for the ......