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U.S. Court of Appeals for the Fourth Circuit, 1966

Garland Porter v. C. C. Peyton, Superintendent of the Virginia State Penitentiary

Garland Porter v. C. C. Peyton, Superintendent of the Virginia State Penitentiary
U.S. Court of Appeals for the Fourth Circuit · Decided July 20, 1966 · Haynsworth, Sobeloff, Bell
363 F.2d 505; 1966 U.S. App. LEXIS 5421 (Federal Reporter, Second Series)

Garland Porter v. C. C. Peyton, Superintendent of the Virginia State Penitentiary

Opinion

PER CURIAM:

The question on appeal arises out of a factual issue which the District Court resolved after a plenary hearing. On this record, we cannot say that the findings are clearly erroneous. Accepting the findings, as we must, they fully support the conclusion that this prisoner’s representation in the first conviction underlying his recidivist conviction was not constitutionally deficient.

Affirmed.

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