HAM v. STATE OF NORTH CAROLINA

No. 71-1104.

471 F.2d 406 (1973)

Donald R. HAM, Appellant, v. STATE OF NORTH CAROLINA, V. Lee Bounds, Prison Director, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

January 11, 1973.


Attorney(s) appearing for the Case

William T. Toal, School of Law, University of South Carolina, Greenville, S. C., Court-appointed counsel, on brief, for appellant.

Robert Morgan, Atty. Gen., of North Carolina, and Jacob L. Safron, Asst. Atty. Gen., of North Carolina, on brief, for appellees.

Before BOREMAN, Senior Circuit Judge, and WINTER and RUSSELL, Circuit Judges.


RUSSELL, Circuit Judge:

In 1959 the petitioner, a North Carolina state prisoner, pled guilty to second-degree murder and received an indeterminate sentence of 25 to 30 years,1 later commuted by the Governor of that State to one of 20 to 25 years. After he had begun service of this sentence and been granted parole on two occasions (revoked for cause in each instance), he filed in the state courts a post-conviction relief application, in...

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