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BAUBERGER v. HAYNES

No. 1:08cv15.

702 F.Supp.2d 588 (2010)

William Thomas BAUBERGER, Petitioner, v. Grady J. HAYNES, Supt. of Warren Correctional Inst., Respondent.

United States District Court, M.D. North Carolina.

March 17, 2010.

Attorney(s) appearing for the Case

Kearns Davis, Brooks Pierce McLendon Humphrey & Leonard, Greensboro, NC, David Lybrook Neal, David L. Neal, Attorney at Law, Hillsboro, NC, for Petitioner.

Clarence Joe Delforge, III, N.C. Department of Justice, Raleigh, NC, for Respondent.

MEMORANDUM OPINION AND ORDER

THOMAS D. SCHROEDER, District Judge.

On October 27, 2009, this court entered a Judgment implementing its Memorandum Opinion and Order ("Judgment") adopting the Recommendation of the United States Magistrate Judge to grant the habeas petition of William Thomas Bauberger ("Bauberger") and to require his release unless Respondent (the "State") grants a retrial on the second-degree murder charge within a reasonable time. The State...

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