THOMAS

v.

SMYTH, SUPERINTENDENT, VIRGINIA STATE PENITENTIARY

Citator

Cited By

• Thomas v. Cunningham, 313 F.2d 934 (4th Cir. 1963)
  …n 1959, while serving his fourth two-year sentence, he instituted habeas corpus proceedings in the Su [*937] preme Court of Appeals of Virginia (unreported decision). Relief was denied, as was his subsequent petition for certiorari. Thomas v. Smyth, 361 U.S. 890, 80 S.Ct. 165, 4 L.Ed.2d 125 (1959). It is true that the sentence he was then serving has since expired and that he is now completing his sixth and final two-year term. But it is equally clear that the arguments unsuccessfully advanced in the state…
• Thomas v. Cunningham, 335 F.2d 67 (4th Cir. 1964)
  …Supreme Court of Appeals of Virginia, invoking its original jurisdiction. Virginia Constitution § 88; Code of Va. 1950, § 17-97. Failing there, he applied to the United States Supreme Court for certiorari but again did not succeed. Thomas v. Smyth, 361 U.S. 890, 80 S.Ct. 165, 4 L.Ed.2d 125 (1959). The petition to the Virginia court discloses that the Dickenson judgment was questioned upon the same ground inter alia taken here— absence of effective representation. But the point is now made that the Supreme…