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STATE OF NORTH CAROLINA v. SMITH

No. 73-1277.

501 F.2d 613 (1974)

STATE OF NORTH CAROLINA, Appellant, v. John Edward SMITH, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 25, 1974.

Attorney(s) appearing for the Case

Richard N. League, Asst. Atty. Gen. of N. C. (Robert Morgan, Atty. Gen., on brief), for appellant.

William A. Reppy, Jr., Professor, Duke University Law School, Durham, N. C., (Court-appointed counsel), for appellee.

Before BRYAN, Senior Circuit Judge, and WINTER and ADAMS, Circuit Judges.

PER CURIAM:

North Carolina now appeals the District Court's grant of habeas corpus relief to John Edward Smith, a State prisoner. Believing that he was denied early release by the Indeterminate Sentence Committee because he had successfully petitioned the court to credit his custody-time with the period of his appeal's pendency, the District Court held that Smith's right to unrestricted access to the courts was thereby unconstitutionally infringed. We vacate the judgment...

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