Ward v. Peyton, 9955.
| Decision Date | 02 July 1965 |
| Docket Number | No. 9955.,9955. |
| Citation | 349 F.2d 359 |
| Parties | Robert WARD, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Albert J. Lilly, Jr., Richmond, Va. (Court-assigned counsel), for appellant.
Reno S. Harp, III, Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia on brief), for appellee.
Before BOREMAN and J. SPENCER BELL, Circuit Judges, and THOMSEN, District Judge.
Petitioner (Ward), was convicted of second degree murder in the Hustings Court for the City of Petersburg in 1960, and was sentenced to a term of twenty years. He filed a petition for a writ of habeas corpus in the District Court, which was denied after a hearing at which Ward was represented by his present court-appointed counsel. The appeal from that order raises two points: (1) whether Ward's constitutional rights were infringed by the admission in evidence at his trial of a confession obtained from him when he was not represented by counsel; and (2) whether his preliminary hearing before a magistrate was defective.
On the first point the District Judge made the following findings of fact, which are supported by evidence and are not clearly erroneous:
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Rambo v. Peyton
...critical stage in the proceedings, and Rambo was not entitled to counsel at that point. Vess v. Peyton, 4 Cir., 352 F.2d 325; Ward v. Peyton, 4 Cir., 349 F.2d 359. The petitioner's second contention is that his court-appointed lawyer, Mr. Womack, was sick and dying during the trial and he w......
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Peyton v. Ellyson
...and Vess was not prejudiced by the absence of counsel at this point since no substantive rights were forfeited. Ward v. Peyton, 349 F.2d 359 (4 Cir.1965); DeToro v. Pepersack, 332 F.2d 341 (4 Cir.1964); see Snyder v. Commonwealth, 202 Va. 1009, 121 S.E.2d 452 (1961).' 352 F.2d at p. 326. As......
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State v. Olsen
...and Vess was not prejudiced by the absence of counsel at this point since no substantive rights were forfeited. Ward v. Peyton, 349 F.2d 359 (4 Cir. 1965); DeToro v. Pepersack, 332 F.2d 341 (4 Cir. 1964); see Snyder v. Commonwealth, 202 Va. 1009, 121 S.E.2d 452 A similar contention advanced......
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Via v. Peyton, Civ. A. No. 69-C-35-D.
...129 S. E.2d 22, 28 (1963). Petitioner was in no way prejudiced because he lost none of his defenses or substantive rights. Ward v. Peyton, 349 F.2d 359 (4th Cir. 1965). A preliminary hearing was merely procedural and not jurisdictional at the time petitioner was tried. Snyder v. Commonwealt......