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McQUEEN v. GARRISON

No. 85-7513.

814 F.2d 951 (1987)

Roger Lee McQUEEN, Appellee, v. Samuel P. GARRISON; Attorney General of North Carolina, Rufus Edmisten, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 19, 1987.

Attorney(s) appearing for the Case

Richard N. League, Sp. Deputy Atty. Gen. (Lacy H. Thornburg, Atty. Gen., Raleigh, N.C., on brief), for appellants.

Douglas E. Canders (Robin Weaver Barton, Fayetteville, N.C., on brief), for appellee.

Before SPROUSE and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

SPROUSE, Circuit Judge:

The State of North Carolina1 appeals from the district court's judgment granting a writ of habeas corpus to Roger Lee McQueen. McQueen was convicted of multiple murders in a North Carolina state court in 1977.2 In this habeas corpus action, he contends that his sixth and fourteenth amendment rights were violated in his 1977 trial by the admission of testimony from a key witness who previously...

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