SHARPE v. BELL

No. 09-6206.

593 F.3d 372 (2010)

Montoyae Dontae SHARPE, Petitioner-Appellee, v. Michael T.W. BELL, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 29, 2010.


Attorney(s) appearing for the Case

ARGUED: Clarence Joe DelForge, III, North Carolina Department of Justice, Raleigh, North Carolina, for Appellant. William Gregory Duke, Greenville, North Carolina, for Appellee. ON BRIEF: Roy Cooper, Attorney General, Raleigh, North Carolina, for Appellant.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Judge HUDSON joined.


OPINION

WILKINSON, Circuit Judge:

Montoyae Dontae Sharpe was convicted of first degree murder in North Carolina Superior Court and sentenced to life in prison. After exhausting state post-conviction remedies, Sharpe petitioned for habeas corpus in federal court, claiming that his conviction was unconstitutional because it resulted from ineffective assistance of counsel. Although he had procedurally defaulted on this claim, the district court held that Sharpe...

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