No. 81-6878.

683 F.2d 850 (1982)

Donald Lee HARDING, Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 20, 1982.

Attorney(s) appearing for the Case

William A. Reppy, Jr., Durham, N. C., Legal Research Program, Duke Law School, Michael Dalton and Thomas Ewing, Third Year Law Students for appellant.

Barry S. McNeill, Asst. Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of N. C., Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N. C., on brief), for appellee.

Before PHILLIPS, ERVIN and CHAPMAN, Circuit Judges.


North Carolina inmate Donald Lee Harding appeals a district court judgment denying relief on his habeas petition filed under 28 U.S.C. § 2254. The district court found that Harding had not exhausted available state remedies on two of the four claims raised in his habeas petition, but nevertheless addressed and decided all of the claims against petitioner on their merits. The State of North Carolina maintains that the court...

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