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GREEN v. FRENCH

No. 5:96-HC-676-BR.

978 F.Supp. 242 (1997)

Harvey Lee GREEN, Jr., Petitioner, v. James B. FRENCH, Warden, Central Prison, Raleigh, North Carolina, Respondent.

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

July 16, 1997.

Attorney(s) appearing for the Case

Gretchen M. Engel, Center for Death Penalty Litigation, Durham, NC, Henderson Hill, Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, Charlotte, NC, for Petitioner.

William N. Farrell, Jr., Raleigh, NC, Valerie B. Spalding, N.C. Dept. of Justice, Raleigh, NC, for Respondent.

ORDER

BRITT, District Judge.

This matter is before the court on Green's petition for a writ of habeas corpus pursuant to 18 U.S.C. § 2254 (1994 & Supp. 1997).

I. Procedural Background

On 19 June 1984, Green, an African-American male, pleaded guilty to two counts of first degree murder (felony murder) and two counts of common law robbery. At the capital sentencing proceeding, the jury recommended and the court imposed...

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