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WILLIS v. GARRISON

No. 79-6831.

624 F.2d 491 (1980)

Henry WILLIS, Jr., Appellee, v. Samuel GARRISON, Warden; and, Rufus Edmisten, Attorney General of North Carolina, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 1, 1980.

As Amended August 4, 1980.

Attorney(s) appearing for the Case

Thomas J. Ziko, Associate Atty. Gen., Raleigh, N. C., Richard N. League, Asst. Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of North Carolina, Raleigh, N. C., on brief), for appellants.

William George Pappas, Raleigh, N. C. (Sanford, Adams, McCullough & Beard, Raleigh, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, FIELD, Senior Circuit Judge, and HALL, Circuit Judge.

FIELD, Senior Circuit Judge:

Henry Willis, Jr., together with Tyrone Williams, was twice tried for armed robbery in the Superior Court of Mecklenberg County, North Carolina. The first trial which was held in 1973 resulted in a hung jury. In the second trial in 1974 Willis was found guilty and sentenced to thirty years in prison. In each trial the question was raised in regard to the pre-trial identification of Willis by the...

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