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  5. 578 F.Supp. 1164 (1984)
 

KEETEN v. GARRISON

Nos. C-C-77-193-M, C-C-78-285-M, C-C-81-488-M and C-C-83-204-M.

578 F.Supp. 1164 (1984)

Charles Bruce KEETEN, Petitioner, v. Sam GARRISON, Warden of Central Prison, and the State of North Carolina, Respondents. Ted Lemuel CARTER, Petitioner, v. Sam GARRISON, Warden, and Rufus Edmisten, Attorney General, State of North Carolina, Respondents. Bernard AVERY, Petitioner, v. Robert HAMILTON and Rufus L. Edmisten, Attorney General of North Carolina, Respondents. Larry Darnell WILLIAMS, Petitioner, v. Nathan A. RICE, Warden, Central Prison, Raleigh, North Carolina, and Rufus L. Edmisten, Attorney General of North Carolina, Respondents.

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

As Corrected January 19, 1984.

Supplemental Opinion March 5, 1984.

Attorney(s) appearing for the Case

James E. Ferguson, II, Chambers, Ferguson, Watt, Wallas, Adkins & Fuller, Charlotte, N.C., Jack C. Boger, NAACP Legal Defense Fund, New York City, Anthony Amsterdam, New York University School of Law, New York City, Samuel Gross, Palo Alto, Cal., James C. Fuller, Jr., Thorp, Fuller & Slifkin, and Adam Stein, Raleigh, N.C., for petitioner.

Richard N. League, Sp. Deputy Atty. Gen., North Carolina Department of Justice, Raleigh, N.C., for respondents.

I.

QUESTION PRESENTED

McMILLAN, District Judge.

Where death is a possible penalty, does the accused get a fair trial on the question of guilt or innocence when the prosecuting attorney is allowed to challenge for cause all jurors who would be unwilling to vote for the death penalty if the issue of punishment were separately submitted to them in a later proceeding?

II.

FOREWORD

These suits do not attack...

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