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EDMONDS v. LEWIS

No. 75-2308.

546 F.2d 566 (1976)

Thomas Earl EDMONDS, Appellant, v. Major D. C. LEWIS, Superintendent of Caledonia Institution, and the State of North Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 3, 1976.

Attorney(s) appearing for the Case

M. Douglas Berry, Greensboro, N.C., for appellant.

Richard N. League, Asst. Atty. Gen. of North Carolina, Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen., Raleigh, N.C., on brief), for appellees.

Before BUTZNER and RUSSELL, Circuit Judges, and HOWARD T. MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

DONALD RUSSELL, Circuit Judge:

The petitioner, a state prisoner, who plead guilty to secret assault, discharging a firearm into an occupied dwelling, and murder in the second degree, and who received a sentence of 28-30 years imprisonment pursuant to a plea bargain, seeks, by a habeas petition filed in District Court, after exhaustion of state remedies, to invalidate his guilty plea on a number of grounds. The District Court dismissed the petition without a hearing...

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