U.S. Court of Appeals for the Fourth Circuit, 1985

David Harvey Brewster v. Donald E. Bordenkircher, Warden, West Virginia Penitentiary

U.S. Court of Appeals for the Fourth Circuit · Decided July 18, 1985 · No. 83-6465 · Winter, Russell, Widener, Hall, Phillips, Murnaghan, Sprouse, Ervin, Chapman, Wilkinson, Sneeden

767 F.2d 81; 1985 U.S. App. LEXIS 20799 (Federal Reporter, Second Series)

Counsel

James A. McLaughlin, Charleston, W. Va., for appellant., John Ernest Shank, Asst. Atty. Gen., Charleston, W. Va. (Chauncey H. Browning, Jr., Atty. Gen., Charleston, W. Va., on brief) for appellee.

Cases that cite this one

4 later published cases cite this decision. The 3 that cite it most often are listed here.

Brewster v. Kirby (District Court, N.D. West Virginia 1997)
State v. Linkous (W. Va. 1987)
United States v. Grandison (4th Cir. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

Judges Winter, Russell, Widener, Hall, Sprouse, Chapman, Wilkinson and Sneeden concur in affirming the judgment of the district court for the reasons expressed by *82 Judge Widener in his dissent to the panel opinion found at 745 F.2d 913, 918 (4th Cir. 1984).

Judges Phillips, Murnaghan and Ervin would reverse the judgment of the district court for the reasons expressed by Judge Murnaghan in his opinion for the panel majority found at 745 F.2d 913.

AFFIRMED.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.