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MOFFITT v. ROSS

Nos. 72-1720, 72-2480.

483 F.2d 650 (1973)

Claude Franklin MOFFITT, Appellant, v. Major Fred R. ROSS and State of North Carolina, Appellees. Claude F. MOFFITT, Appellant, v. Major Fred R. ROSS and State of North Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 29, 1973.

Certiorari Granted January 7, 1974.

Attorney(s) appearing for the Case

Thomas B. Anderson, Jr., Durham, N. C. [Court-appointed counsel] (Loflin, Anderson, Loflin & Goldsmith, Durham, N. C., on brief), for appellant Claude F. Moffitt.

Jacob L. Safron, Asst. Atty. Gen. (Robert Morgan, Atty. Gen., Richard N. League, Asst. Atty. Gen., on brief), for appellees Major Fred R. Ross and State of North Carolina.

Before HAYNSWORTH, Chief Judge and CRAVEN and BUTZNER, Circuit Judges.

Certiorari Granted January 7, 1974. See 94 S.Ct. 864.

HAYNSWORTH, Chief Judge:

We are met with the questions reserved by the Court in Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L. Ed.2d 811.

In Douglas, the Supreme Court held that an indigent, convicted of a felony, was entitled to the assistance of assigned counsel in presenting his appeal to the state's intermediate appellate court. It reserved the...

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