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STEVENS v. STATE

No. C-C-84-001-M. Misc. No. 19 (C-C-86-335-M).

638 F.Supp. 1255 (1986)

Byron James STEVENS, III, Petitioner, v. STATE of North Carolina, Defendant. Byron J. STEVENS, III, Petitioner, v. Aaron JOHNSON, Defendant.

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

July 16, 1986.

Attorney(s) appearing for the Case

Byron J. Stevens, III, pro se.

Barry McNeill, Office of North Carolina Atty. Gen., Raleigh, N.C., for defendant.

ORDER

McMILLAN, District Judge.

Byron Stevens is serving a life sentence for the first-degree murder of Amos Belk. On June 6, 1976, there was a fire at the home he was sharing with Belk. Belk was burned severely, petitioner slightly. Both were taken to the hospital. Belk died at the hospital on July 3, 1976. Petitioner was indicted, tried, and convicted for the murder. Crucial evidence in the trial was Belk's dying declaration implicating petitioner. In...

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