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GARDNER v. FORISTER

No. C-C-79-014.

472 F.Supp. 1 (1979)

Benjamin GARDNER, Petitioner, v. R. C. FORISTER and the State of North Carolina, Respondents.

United States District Court, W. D. North Carolina, Charlotte Division.

On the Merits June 21, 1979.

Attorney(s) appearing for the Case

Grant Smithson, Asst. County Public Defender, Charlotte, N. C., for petitioner.

Richard N. League, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, N. C., for respondents.

ORDER

McMILLAN, District Judge.

On April 9, 1979, 468 F.Supp. 761, this court granted a conditional writ of habeas corpus, setting aside petitioner's conviction for second-degree murder and ordering:

"That if petitioner is not retried within sixty days of the filing date of this order, he shall be released from custody."

Under the order, retrial was to be...

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