KEETEN v. GARRISON

Nos. 84-6139 to 84-6141.

742 F.2d 129 (1984)

Charles Bruce KEETEN, Appellee, v. Sam GARRISON, Warden of Central Prison, Raleigh, North Carolina; and State of North Carolina, Appellants. Bernard AVERY, Appellee, v. Robert HAMILTON; and Rufus L. Edmisten, Attorney General of North Carolina, Appellants. Larry Darnell WILLIAMS, Appellee, v. Nathan A. RICE, Warden, Central Prison, Raleigh, North Carolina; and Rufus L. Edmisten, Attorney General of North Carolina, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 21, 1984.


Attorney(s) appearing for the Case

Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen. of N.C. and Thomas F. Moffitt, Sp. Deputy Atty. Gen., Raleigh, N.C., on brief), for appellants.

Samuel R. Gross, Stanford, Cal., and Ann Petersen, Raleigh, N.C. (Jack Greenberg, James M. Nabrit, III, and John Charles Boger, New York City, on brief), for appellees.

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


K.K. HALL, Circuit Judge:

The State of North Carolina appeals from an order of the district court issuing writs of habeas corpus on behalf of Charles Bruce Keeten, Bernard Avery, and Larry Darnell Williams, and granting Williams' claim for relief from his death sentence. We conclude that the district court erred in issuing the writs and in granting Williams relief and, therefore, reverse.

I.

In 1968, the Supreme Court held that a venireman in a capital...

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