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MORRIS v. STATE OF MD.

No. 83-6072.

715 F.2d 106 (1983)

Sylvester J. MORRIS, # 134-720, Appellant, v. STATE OF MARYLAND, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 9, 1983.

Rehearing and Rehearing Denied December 22, 1983.

Attorney(s) appearing for the Case

Debra J. Markwitz, Third Year Law Student (Steven H. Goldblatt, Director, Appellate Litigation Clinical Program; Samuel Dash, Director, Appellate Litigation Clinical Program, Washington, D.C., G. Richard Strafer, Appellate Law Fellow, Appellate Litigation Clinical Program, W. Bronson Howell, Third Year Law Student, Georgetown University Law Center on brief) for appellant.

W. Charles Rogers, III, Asst. Gen. Counsel (Stephen H. Sachs, Atty. Gen. of Baltimore, Md., on brief) for appellee.

Before HALL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied December 22, 1983.

ERVIN, Circuit Judge:

Sylvester J. Morris was convicted in Maryland state court of first degree murder and his conviction was upheld on appeal. Morris subsequently petitioned the federal district court for a writ of habeas corpus, which that court denied. We issued a certificate of probable cause and now reverse.

I.

Morris and his wife were experiencing severe marital difficulties...

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