Whiting v. Chew
| Decision Date | 04 January 1960 |
| Docket Number | No. 7975.,7975. |
| Citation | 273 F.2d 885 |
| Parties | James R. WHITING, Appellant, v. Charles P. CHEW, Director, Parole Board, Richmond, Virginia, Appellee. |
| Court | U.S. Court of Appeals — Fourth Circuit |
James R. Whiting, pro se, on brief.
Reno S. Harp, III, Asst. Atty. Gen. of Virginia (A. S. Harrison, Jr., Atty. Gen. of Virginia, and Thomas M. Miller, Asst. Atty. Gen., of Virginia, on brief) for appellee.
Before SOBELOFF, Chief Judge, and SOPER and BOREMAN, Circuit Judges.
A prisoner in the Ohio State Penitentiary, James R. Whiting, filed a petition seeking a writ of habeas corpus in the United States District Court for the Eastern District of Virginia, naming Charles P. Chew, the Director of the Virginia Parole Board, as defendant. The District Court dismissed the petition, and Whiting appeals.
The allegations of the petition are meagre, and do not clearly disclose the grounds upon which the writ is sought. Amplifying the allegations by independent search of the records, the facts appear to be as follows. In 1938, the appellant was convicted in Virginia on two charges of attempted murder, and one of armed robbery, and given sentences totalling forty years. After serving twelve years, he was paroled in 1950, but in 1956 was again convicted of armed robbery, this time in the Court of Common Pleas of Cuyahoga County, Ohio. He is presently serving a prison sentence in Ohio for that offense. Upon learning from the Ohio authorities that Whiting had been convicted in that state, a member of the Virginia Parole Board filed a detainer against him on the ground that he had violated the conditions of his Virginia parole.
The appellant does not seek release from the Ohio prison, but he does seek, by his petition for a writ of habeas corpus, to cause the removal of the detainer lodged against him by the Virginia official in the hands of the Ohio authorities. As a basis for his contentention that the detainer is unlawful, he alleges that the 1938 Virginia convictions were void because he (1) was denied counsel, (2) was never taken before an examining magistrate, and (3) was never advised "of his right to trial."
Without deeper consideration of his allegations, it is manifest that the petition states no ground upon which a writ of habeas corpus could be issued in the District Court, inasmuch as the petitioner is not being detained within the territorial jurisdiction of the court to which the petition is...
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Jones v. Cunningham
...parolee cannot qualify. Of particular importance in this case, involving a Virginia parolee, is the decision of this court in Whiting v. Chew, 4 Cir., 273 F.2d 885. There, a Virginia parolee, confined in Ohio, sought a writ of habeas corpus directed to the Director of the Virginia Parole Bo......
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Blake v. United States
...located, and (2) the petitioner himself is located. Ahrens v. Clark, 335 U.S. 188, 68 S.Ct. 1443, 92 L. Ed. 1898 (1948); Whiting v. Chew, 273 F.2d 885 (4th Cir. 1960). Since petitioner is imprisoned outside this Court's jurisdiction, his application must be directed Even if this Court were ......
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United States ex rel. Van Scoten v. Commonwealth of Pa.
...by federal authorities acting under contract with the state for care of state prisoners. In Whiting v. Chew, Director, Parole Board, Richmond, Virginia, 273 F.2d 885 (4 Cir. 1960), cert. den. 362 U.S. 956, 80 S.Ct. 872, 4 L.Ed.2d 873, the District Court for the Eastern District of Virginia ......
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Webb v. Beto, 21944.
...is within the territorial jurisdiction of the court. Ahrens v. Clark, 335 U.S. 188, 68 S.Ct. 1443, 92 L.Ed. 1898 (1948); Whiting v. Chew, 273 F.2d 885 (4 Cir. 1960). Since appellant was confined within the Southern District of Texas, he could not have brought his petition in the Northern Di......