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ST. JOHN v. STATE OF N.C.

No. C-C-90-0286-P.

745 F.Supp. 1165 (1990)

Jim ST. JOHN, Curtis Rene Peterson and Cinema Blue of Charlotte, Inc., Petitioners, v. STATE of NORTH CAROLINA, Lacy Thornburg, the Attorney General of the State of North Carolina and the Superior Court of Mecklenburg County, State of North Carolina, Respondents.

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

October 1, 1990.

Attorney(s) appearing for the Case

Nelson Casstevens, Casstevens Hanner Gunter & Gordon, Harold Bender, Charlotte, N.C. Lee J. Klein, Bradley J. Shafer, Klein & Shafer, P.C., Okemos, Mich., for petitioners.

Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N.C., for respondents.

ORDER

ROBERT D. POTTER, Chief Judge.

THIS MATTER is before the Court on Petitioner's motion, filed September 26, 1990, for stay of execution of state sentence pending resolution by this Court of the Petition for Writ of Habeas Corpus.

The record in this matter indicates a Petition for Writ of Habeas Corpus was filed by Petitioners on August 31, 1990. The Petition indicates that Petitioners were tried and convicted by a jury in Mecklenburg Superior...

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