FOLSTON v. ALLSBROOK

No. 82-6116.

691 F.2d 184 (1982)

Wilbur William FOLSTON, Jr., Appellant, v. Harry L. ALLSBROOK; State of North Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 27, 1982.

Rehearing Denied November 1, 1982.


Attorney(s) appearing for the Case

Dan T. Coenen, Charlotte, N. C. (Fleming, Robinson, Bradshaw & Hinson, P. A., Charlotte, N. C., on brief), for appellant.

Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen., of North Carolina, Raleigh, N. C., on brief), for appellees.

Before HAYNSWORTH, Senior Circuit Judge, and MURNAGHAN and SPROUSE, Circuit Judges.


SPROUSE, Circuit Judge:

Wilbur Folston, Jr., appeals the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. He contends the district court erred in not conducting an evidentiary hearing on his claim that the grand jury was unconstitutionally constituted, and in not finding constitutional error in the admission of certain evidence in the state court trial. We affirm.

A Cleveland County, North Carolina, jury convicted...

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