BURGESS v. GRIFFIN

No. C-C-82-715-M.

585 F.Supp. 1564 (1984)

Albert Charles BURGESS, Jr., Petitioner, v. J.H. GRIFFIN, Superintendent of McCain Prison Unit, and the State of North Carolina, Respondents.

United States District Court, W.D. North Carolina, Charlotte Division.

May 10, 1984.


Attorney(s) appearing for the Case

Steven Pixley, Belmont, N.C., Thomas J. Andrews, Durham, N.C., for petitioner.

Barry McNeill, Associate Atty. Gen., Raleigh, N.C., for respondents.


ORDER GRANTING HABEAS CORPUS

McMILLAN, District Judge.

On October 12, 1983, this court heard evidence on petitioner's claim for habeas corpus relief. The parties have submitted additional memoranda in support of their respective positions. Based on the evidence and arguments presented, the court makes the following findings of fact and conclusions of law:

I. FINDINGS OF FACT

A. Introduction

1. Petitioner was prosecuted...

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