MILLER v. FORESTER

No. C-C-81-198-P.

558 F.Supp. 1383 (1983)

Johnny Brenard MILLER, Petitioner, v. R.C. FORESTER and the Attorney General of North Carolina, Respondents.

United States District Court, W.D. North Carolina, Charlotte Division.

April 1, 1983.


Attorney(s) appearing for the Case

Johnny Brenard Miller, pro se.

Barry S. McNeill, Asst. Atty. Gen. of N.C., and Rufus L. Edmisten, Atty. Gen., of North Carolina, Raleigh, N.C., for respondents.


FINAL ORDER OF DISMISSAL

POTTER, District Judge.

Johnny Brenard Miller, Petitioner, seeks habeas corpus relief for his August 4, 1979 conviction in the Superior Court for Mecklenburg County for voluntary manslaughter. Upon this conviction, Petitioner was sentenced to prison for a term of 15 to 20 years. The sole issue raised by Petitioner is that he was denied due process of law when the state trial judge declined to instruct the jury on the possible defense...

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