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WILLIAMS v. GUPTON

No. C-C-85-0003-P.

627 F.Supp. 669 (1986)

James Lee WILLIAMS, Petitioner, v. M.H. GUPTON, Superintendent of Piedmont Correctional Center, and State of North Carolina, Respondents.

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

January 31, 1986.

Attorney(s) appearing for the Case

Michael S. Scofield, Wardlow, Knox, Knox, Freeman & Scofield, Charlotte, N.C., for petitioner.

James Lee Williams, pro se.

Barry McNeil, Asst. Atty. Gen., State of N.C., Dept. of Justice, Raleigh, N.C., for respondents.

ORDER

ROBERT D. POTTER, Chief Judge.

I. INTRODUCTION

Petitioner was convicted of second degree murder in Mecklenburg County Superior Court on December 9, 1982. After having unsuccessfully sought relief in the state courts, Petitioner filed his Application for Writ of Habeas Corpus on January 2, 1985. On March 6, 1985, Respondent filed its Answer and Motion to Dismiss.

Petitioner argues that he is being held unlawfully and in violation of...

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