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LITTLE v. ALLSBROOK

No. 83-6511.

731 F.2d 238 (1984)

Henry Arthur LITTLE, Appellee, v. Harry ALLSBROOK, Attorney General of N.C., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1984.

Attorney(s) appearing for the Case

Barry S. McNeill, Asst. Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen. of N.C., Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N.C., on brief), for appellants.

Richard T. Gammon, Raleigh, N.C. (Blackburn, Gammon & Umstead, Raleigh, N.C., on brief), for appellee.

Before HALL and CHAPMAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

K.K. HALL, Circuit Judge:

The State of North Carolina appeals from an order of the district court issuing a writ of habeas corpus on behalf of Henry Arthur Little. We conclude that the district court erred in issuing the writ and reverse.

I.

In November, 1979, Little was arrested and charged with first-degree murder. In March, 1980, Little pleaded guilty to second-degree murder pursuant to a plea bargain his attorney, John Wilkinson, had negotiated...

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