ALSTON v. GARRISON

No. 82-6799.

720 F.2d 812 (1983)

George Smith ALSTON, Appellant, v. Samuel P. GARRISON, Rufus Edmisten, Attorney General of N.C., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 3, 1983.


Attorney(s) appearing for the Case

Michael T. Medford, Raleigh, N.C. (Manning, Fulton & Skinner, Raleigh, N.C., on brief), for appellant.

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

Before MURNAGHAN, SPROUSE and ERVIN, Circuit Judges.


ERVIN, Circuit Judge:

George Smith Alston appeals from the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. He chiefly argues that his trial counsel's failure to object to prosecution evidence that he "stood on his constitutional rights" to remain silent denied him the effective assistance of counsel in violation of the sixth and fourteenth amendments, to a degree that prejudiced the outcome of his trial. We agree and reverse the judgment...

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