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McDOWELL v. DIXON

No. 87-4006.

858 F.2d 945 (1988)

Robert Henry McDOWELL, Petitioner-Appellant, v. Gary W. DIXON, Warden, Central Prison, Raleigh, North Carolina, Respondent — Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 3, 1988.

Attorney(s) appearing for the Case

James Elliot Ferguson, II (Richard A. Rosen, Julius L. Chambers, Charlotte, N.C., Richard H. Burr, III, on brief), for petitioner-appellant.

Barry Steven McNeill, Asst. Atty. Gen. (Lacy H. Thornburg, Atty. Gen., Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N.C., on brief), for respondent-appellee.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

Robert Henry McDowell was convicted of first degree murder and felonious assault in the Superior Court of Johnston County, North Carolina on December 10, 1979. He was sentenced to death for the murder conviction and to a term of twenty years for the assault conviction. State v. McDowell, 301 N.C. 279, 271 S.E.2d 286 (1980), cert. denied, 450 U.S. 1025, 101 S.Ct. 1731, 68 L.Ed.2d 220...

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