Proctor v. Warden, 435 U.S. 559 (1978)

Proctor v. Warden

No. 77-5898

Decided April 17, 1978
435 U.S. 559

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE FOURTH CIRCUIT

Syllabus

Where it appears that petitioner state prisoner was not accorded effective review of his appeal from the District Court’s denial of his habeas corpus petition because the Court of Appeals, in its affirmance order, referred to denial of relief under the wrong federal statute and to the wrong District Court and case, the Court of Appeals’ judgment is vacated, and the case is remanded to that court for further consideration.

Certiorari granted; vacated and remanded.