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BECTON v. BARNETT

No. 90-7285.

920 F.2d 1190 (1990)

Larry Donnell BECTON, Petitioner-Appellant, v. Talmadge BARNETT; Attorney General of North Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 26, 1990.

Attorney(s) appearing for the Case

Judith Thomas Naef, North Carolina Prisoner Legal Services, Inc., Raleigh, N.C., for petitioner-appellant.

Clarence J. DelForge, III, Asst. Atty. Gen., Raleigh, N.C. (Lacy H. Thornburg, Atty. Gen., Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N.C., on brief), for respondents-appellees.

Before ERVIN, Chief Judge, BUTZNER, Senior Circuit Judge, and NICKERSON, United States District Judge for the District of Maryland, sitting by designation.

ERVIN, Chief Judge:

Petitioner Larry Becton filed a petition for habeas corpus which was denied without an evidentiary hearing by the district court. Finding that such a hearing was necessary in this case, we vacate and remand for further proceedings consistent with this opinion.

I.

Becton has experienced psychological difficulties for many years, both before the crime in this case and after his incarceration for this crime. These difficulties will...

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