MILLER
v.
UNITED STATES; AND MILLER V. UNITED STATES

U.S. | 1979-02-26
Nos. 78-5757; No. 78-5979
440 U.S. 937 Supreme Court of the United States (1979) Positive Treatment
Cited by 1 case
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  • Vance v. Hedrick, 659 F.2d 447 (4th Cir. 1981)
    …venile was not entitled to federal habeas relief, though she had been sentenced to jail by a Virginia circuit court which had not made the requisite precedent finding of incorrigibility. Hailey v. Dorsey, 580 F. 2d 112 (4th Cir. 1978), cert. denied, 440 U.S. 937, 99 S.Ct. 1282, 59 L.Ed.2d 495 (1979). The absence of the finding, we held, did not go to the competence of the court, and, since it was not a fundamental defect occasioning a miscarriage of justice, the omission was beyond the reach of the writ. Th…

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