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SMITH v. SMITH

No. 90-7096.

931 F.2d 242 (1991)

Elwood SMITH, Petitioner-Appellee, v. Robert SMITH, Superintendent; Attorney General of the State of N.C., Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 23, 1991.

Attorney(s) appearing for the Case

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

Clela Margaret Errington, argued (John W. Gresham, on brief), Ferguson, Stein, Watt, Wallas, Adkins & Gresham, P.A., Charlotte, N.C., for petitioner-appellee.

Before SPROUSE, Circuit Judge, DUPREE, Senior District Judge for the Eastern District of North Carolina, sitting by designation, and WARD, Senior District Judge for the Middle District of North Carolina, sitting by designation.

SPROUSE, Circuit Judge:

In this appeal, we review a Sixth Amendment claim of ineffective assistance of counsel raised by defendant, Elwood Smith, who had been convicted in state court of murder and assault. He exhausted his state appeals and was denied post conviction relief in the state court. However, the federal district court granted his petition for a writ of habeas corpus, finding that Smith had received ineffective assistance of counsel. We reverse.

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