HUTCHINS v. WOODARD

No. 84-8050.

730 F.2d 953 (1984)

James W. HUTCHINS, Appellant, v. James C. WOODARD, Secretary of Corrections of State of North Carolina; Nathan Rice, Warden of Central Prison, Raleigh, North Carolina; and Rufus L. Edmisten, Attorney General of State of North Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 13, 1984.


Attorney(s) appearing for the Case

Roger W. Smith (Wade M. Smith, Douglas E. Kingsbery, J. Anthony Perry, Tharrington, Smith & Hargrove, Raleigh, N.C., on brief) for appellant.

Jean A. Benoy, Deputy Atty. Gen., Raleigh, N.C. (Barry McNeill, Asst. Atty. Gen., Raleigh, N.C., on brief) for appellees.

Before PHILLIPS, MURNAGHAN, and SPROUSE, Circuit Judges.


MURNAGHAN, Circuit Judge:

We have to consider another of those heartrending cases in which a death sentence has been imposed and execution is imminent. As is all too customary, at the last, or nearly the last, moment, questions which counsel for the person condemned automatically classify as crucial are raised and advanced as grounds for a stay of execution to permit reasoned and unhurried consideration.

Judges regard themselves as merciful, and recognize...

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