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HOWELL v. BARKER

No. 88-7106.

904 F.2d 889 (1990)

Wilton HOWELL, Petitioner-Appellee, v. W.R. BARKER; Attorney General of the State of North Carolina, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 24, 1990.

Attorney(s) appearing for the Case

Barry Steven McNeill, Asst. Atty. Gen. (argued) and Lacy H. Thornburg, Atty. Gen. (on brief), North Carolina Dept. of Justice, Raleigh, N.C., for appellants.

Geoffrey Carlyle Mangum, Winston-Salem, N.C., for appellee.

Before ERVIN, Chief Judge, and RUSSELL, Circuit Judge, and KISER, United States District Judge for the Western District of Virginia, sitting by designation.

KISER, District Judge:

The appellee, Wilton Howell, filed this petition for writ of habeas corpus in the United States District Court for the Eastern District of North Carolina on October 14, 1986. As a ground for relief, he asserts a due process violation arising out of a delay by the Bladen County Sheriff's Department in the service of his arrest warrant and the return of an indictment for robbery with a dangerous weapon, as a result of which he was unable to locate...

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