1. Home
  2. Browse Decisions
  3. F.2d
  4. 397 F.2d
  5. 397 F.2d 253 (1968)
 

PEARCE v. STATE OF NORTH CAROLINA

No. 12256.

397 F.2d 253 (1968)

Clifton A. PEARCE, Appellee, v. STATE OF NORTH CAROLINA and Warden R. L. Turner, Appellants.

United States Court of Appeals Fourth Circuit.

Decided June 19, 1968.

Certiorari Granted October 28, 1968.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen. of North Carolina, Andrew A. Vanore, Jr., and Dale Shepherd, Staff Attorneys, Office of Attorney General of North Carolina, on brief for appellants.

Larry B. Sitton, Greensboro, N. C. (Court-assigned counsel) and Smith, Moore, Smith, Schell & Hunter, Greensbor, N. C., on brief for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and WINTER, Circuit Judges.

Certiorari Granted October 28, 1968. See 89 S.Ct. 258.

PER CURIAM:

The district court issued a writ of habeas corpus and ordered the release of petitioner for the reason that he had served the maximum term imposed on him at his original trial notwithstanding that on retrial, after successful post-conviction attack, he was sentenced to a longer term. The action was taken on the authority of our decision in Patton v. State of North Carolina,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases