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McDOUGALL v. RICE

No. C-C-87-114-P.

685 F.Supp. 532 (1988)

Michael Van McDOUGALL, Petitioner, v. Nathan A. RICE, Warden, Central Prison, Raleigh, North Carolina, Respondent.

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

April 27, 1988.

Attorney(s) appearing for the Case

James C. Fuller, Thorp, Fuller & Slifkin, Raleigh, N.C., Richard A. Rosen, University of North Carolina, School of Law, Chapel Hill, N.C., for petitioner.

Barry S. McNeill, Asst. Atty. Gen., N.C. Dept. of Justice, Raleigh, N.C., for respondent.

MEMORANDUM OF DECISION

ROBERT D. POTTER, Chief Judge.

On March 9, 1987, Michael Van McDougall (Petitioner), a North Carolina prisoner, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 attacking the constitutionality of his 1980 convictions for felonious assault, kidnapping, and first degree murder, and of the sentence of death that was imposed for the murder conviction. Specifically, McDougall alleged:

1. That he...

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