# James Arthur Brown v. J. D. Cox, Superintendent of the Virginia State Penitentiary

> Court of Appeals for the Fourth Circuit · June 28, 1973 · 481 F.2d 622

URL: https://www.frixlaw.com/law-library/cases/9459652

## Case

- **Full name:** James Arthur BROWN, Appellant, v. J. D. COX, Superintendent of the Virginia State Penitentiary, Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** June 28, 1973
- **Citations:** 481 F.2d 622; 1973 U.S. App. LEXIS 9093
- **Precedential status:** Published
- **Opinion:** Dissent by Boreman
- **Judges:** Haynsworth, Boreman, Winter, Craven, Butzner, Russell, Field, Widener
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9459652

## Opinion text

BOREMAN, Senior Circuit Judge
(dissenting):
This appeal was originally considered by a panel consisting of Haynsworth, Chief Judge, Boreman, Senior Circuit Judge, and Russell, Circuit Judge. I was designated to write for the court and, after an extended period of consideration and study, I prepared and submitted an opinion which was accepted and adopted by the panel. Brown v. Cox, 467 F.2d 1255 (4th Cir., 1972).
Subsequently, the court decided to rehear the ease in banc and Judge Russell was designated to write for the court. My colleagues who joined in the original opinion have been persuaded to approve and accept Judge Russell’s opinion on rehearing.
After careful consideration I find myself unpersuaded and in disagreement. In dissenting I simply adhere to my views expressed in the original panel decision, 467 F.2d 1255 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9459652. Public record. Not legal advice.