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FULLER v. LUTHER

No. 77-2157.

575 F.2d 1098 (1978)

Ralph William FULLER, Appellant, v. D. G. LUTHER, Superintendent, Department of Corrections, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 15, 1978.

Attorney(s) appearing for the Case

Adam Stein, Chapel Hill, N. C. (North Carolina Civil Liberties Union and Norman B. Smith, Greensboro, N. C., on brief) for appellant.

Marvin Schiller, Asst. Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of North Carolina, Robert P. Gruber, Sp. Deputy Atty. Gen., Raleigh, N. C., on brief) for appellee.

Before BRYAN, Senior Circuit Judge, and BUTZNER and HALL, Circuit Judges.

BUTZNER, Circuit Judge:

Ralph William Fuller, convicted of robbery, appeals from the order of the district court dismissing his petition for a writ of habeas corpus on the basis of the state court record without an evidentiary hearing. Fuller claims that his court-appointed counsel was incompetent because he did not object both to the identification testimony of the victim which he alleges was tainted by pre-trial suggestive techniques and to the testimony of a police...

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