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BLACKLEDGE v. ALLISON

No. 75-1693.

431 U.S. 63 (1977)

BLACKLEDGE, WARDEN, ET AL. v. ALLISON.

Supreme Court of United States.

Decided May 2, 1977.

Attorney(s) appearing for the Case

Richard N. League, Assistant Attorney General of North Carolina, argued the cause for petitioners. With him on the briefs was Rufus L. Edmisten, Attorney General.

C. Frank Goldsmith, Jr., by appointment of the Court, 429 U.S. 957, argued the cause and filed a brief for respondent.

MR. JUSTICE STEWART delivered the opinion of the Court.

The respondent, Gary Darrell Allison, an inmate of a North Carolina penitentiary, petitioned a Federal District Court for a writ of habeas corpus. The court dismissed his petition without a hearing, and the Court of Appeals reversed, ruling that in the circumstances of this case summary dismissal was improper. We granted certiorari to review the judgment of the Court of Appeals.

I

Allison was...

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