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  • Frank Ervin Altizer, Jr. v. E. L. Paderick, Superintendent Virginia State Penitentiary and Andrew P. Miller, Attorney General of Virginia, 542 F.2d 1250, 4th Cir. (1976)

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    Frank Altizer, a Virginia prisoner convicted of abduction, sodomy, and rape, filed a habeas corpus petition in federal court alleging violations of his rights from prejudicial pretrial publicity, an unfair jury, suggestive pretrial identification, and unconstitutional search evidence used at trial. The district court denied relief after reviewing the state court record. The Fourth Circuit affirmed the district court's denial, agreeing that Altizer was not entitled to relief.

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    Filed: 1976-11-12 Precedential Status: Precedential Citations: 542 F.2d 1250 Docket: 76-1500

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    Frank Altizer, a Virginia prisoner convicted of abduction, sodomy, and rape, filed a habeas corpus petition in federal court alleging violations of his rights from prejudicial pretrial publicity, an unfair jury, suggestive pretrial identification, and unconstitutional search evidence used at trial. The district court denied relief after reviewing the state court record. The Fourth Circuit affirmed the district court's denial, agreeing that Altizer was not entitled to relief.

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    Frank Ervin Altizer, Jr. v. E. L. Paderick, Superintendent Virginia State Penitentiary and Andrew P. Miller, Attorney General of Virginia, 542 F.2d 1250, 4th Cir. (1976)

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    Frank Altizer, a Virginia prisoner convicted of abduction, sodomy, and rape, filed a habeas corpus petition in federal court alleging violations of his rights from prejudicial pretrial publicity, an unfair jury, suggestive pretrial identification, and unconstitutional search evidence used at trial. The district court denied relief after reviewing the state court record. The Fourth Circuit affirmed the district court's denial, agreeing that Altizer was not entitled to relief.

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    of 2

    542 F.

    2d 1250

    Frank Ervin ALTIZER, Jr., Appellant,


    v.
    E. L. PADERICK, Superintendent Virginia State Penitentiary
    and Andrew P. MILLER, Attorney General of
    Virginia, Appellees.
    No. 76-1500.

    United States Court of Appeals,


    Fourth Circuit.
    Argued Oct. 8, 1976.
    Decided Nov. 12, 1976.

    Thomas F. Coates, III, Richmond, Va. (Coates & Comess, Richmond,


    Va., on brief), for appellant.
    James E. Kulp, Asst. Atty. Gen. of Virginia, Richmond, Va. (Andrew P.
    Miller, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellees.
    Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and
    HALL, Circuit Judge.
    PER CURIAM:

    Frank Ervin Altizer, Jr., a Virginia prisoner under convictions for abduction,
    sodomy and rape, filed a petition for habeas corpus relief pursuant to 28 U.S.C.
    2241. In his petition Altizer charged that his rights had been violated by (1)
    prejudicial pretrial publicity; (2) denial of a fair and impartial jury; (3)
    suggestive pretrial photographic identification; and (4) introduction of evidence
    at his trial which was seized pursuant to an unconstitutional search.

    The district judge, after a careful review of the state court record, concluded
    that Altizer was not entitled to relief. Upon consideration of the record, briefs
    and oral arguments, we agree with the conclusion of the district judge and
    affirm upon his opinion. Altizer v. Paderick, 399 F.Supp. 918 (E.D.Va.1975).

    AFFIRMED.

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