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FELTON v. BARNETT

No. 89-6684.

912 F.2d 92 (1990)

David FELTON, Petitioner-Appellant, v. Talmadge BARNETT; Attorney General of the State of North Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1990.

Rehearing Denied September 28, 1990.

Rehearing Denied October 10, 1990.

Attorney(s) appearing for the Case

Cindy LeBauer, Student Counsel, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, D.C., argued (Steven H. Goldblatt, Director, Maureen F. Del Duca, Supervising Atty., Pamela Cohen, Student Counsel, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, D.C., on brief), for petitioner-appellant.

Richard Norwood League, Sp. Deputy Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., argued (Lacy H. Thornburg, Atty. Gen., Clarence J. DelForge, III, Associate Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., on brief), for respondents-appellees.

Before ERVIN, Chief Judge, and CHAPMAN and WILKINSON, Circuit Judges.

Rehearing In Banc Denied October 10, 1990.

CHAPMAN, Circuit Judge:

David Felton was convicted of rape in the Durham County Superior Court on September 12, 1972. There has never been any question of his guilt. He was caught in the act of raping a Duke coed by two campus policemen. His conviction was affirmed by the North Carolina Supreme Court in State v. Felton, 283 N.C. 368, 196 S.E.2d 239

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