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SMITH v. DIXON

No. 88-337-HC.

766 F.Supp. 1370 (1991)

Kermit SMITH, Jr., Petitioner, v. Gary DIXON, Warden, Central Prison, Raleigh, North Carolina, Respondent.

United States District Court, E.D. North Carolina, Raleigh Division.

June 10, 1991.

Attorney(s) appearing for the Case

C. Frank Goldsmith, Jr., Marion, N.C., Melinda Lawrence, Raleigh, N.C., for petitioner.

Richard N. League, Joan H. Byers, Sp. Deputy Attys. Gen., Barry S. McNeill, Asst. Atty. Gen., Raleigh, N.C., for respondent.

MEMORANDUM OPINION

BRITT, District Judge.

This matter is before the court on Kermit Smith's habeas corpus petition filed pursuant to 28 U.S.C. § 2254 (1990). Both parties have briefed the petition and have filed supplemental briefs on various issues which have become relevant during its pendency. The matter is now ripe for ruling.

I. Facts

A full recital of the underlying facts can be located in the North Carolina Supreme Court...

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