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O'KELLEY v. STATE OF N. C.

Nos. 78-6330, 78-6334.

606 F.2d 56 (1979)

James Franklin O'KELLEY, III, Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1979.

Attorney(s) appearing for the Case

Thomas F. Loflin, III, James R. Acker and Loflin, Loflin, Galloway, Leary & Acker, Durham, N. C., on brief, for appellant.

Before WINTER and PHILLIPS, Circuit Judges, and THOMSEN, Senior District Judge.

THOMSEN, Senior District Judge.

Appellant (O'Kelley) was one of five defendants, all of whom were convicted of armed robbery of an automobile and acquitted of kidnapping, in a joint trial in a North Carolina state court. After exhaustion of his state remedies, O'Kelley filed a habeas corpus proceeding in the Western District of North Carolina, contending: (A) that he was denied the effective assistance of counsel at his trial (i) because his court-appointed attorney...

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