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McLENDON v. WOODARD

No. C-C-83-099-M.

719 F.Supp. 441 (1989)

John Barry McLENDON, Petitioner, v. James C. WOODARD, Rae H. McNamara and the State of North Carolina, Respondents.

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

June 23, 1989.

Attorney(s) appearing for the Case

Charles Johnson, George R. Hodges, Moore, Van Allen & Allen, Charlotte, N.C., for petitioner.

Barry S. McNeill, Office of N.C. Atty. Gen., Raleigh, N.C., for respondents.

MEMORANDUM OF DECISION

McMILLAN, Judge.

INTRODUCTION

Through a tortuous procedural history, recounted below, the court must decide one issue: Is the appeal of a state court criminal conviction rendered meaningless because portions of the trial transcript are unavailable?

PROCEDURAL HISTORY

Petitioner was tried on a charge of robbery with a dangerous weapon during the April 23, 1979, session of the Anson County, North Carolina...

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