GOLDSMITH v. WITKOWSKI

No. 91-7578.

981 F.2d 697 (1992)

Lewis D. GOLDSMITH, Petitioner-Appellant, v. S.R. WITKOWSKI, Warden; State of South Carolina; Attorney General of South Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 24, 1992.

As Amended January 5, 1993.


Attorney(s) appearing for the Case

Steven H. Goldblatt, Director, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, D.C., argued (Eric J. Glassman, Student Counsel, Philip W. Owens, Student Counsel, on brief), for petitioner-appellant.

Donald John Zelenka, Chief Deputy Atty. Gen., Columbia, S.C., argued (T. Travis Medlock, Atty. Gen., on brief), for respondents-appellees.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and SPROUSE, Senior Circuit Judge.


OPINION

SPROUSE, Senior Circuit Judge:

Lewis D. Goldsmith appeals from the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus. In the district court, Goldsmith challenged convictions by a South Carolina state court for possession of narcotics with intent to distribute and conspiracy to distribute narcotics. We hold that the evidence was constitutionally insufficient to support the convictions, and that part of the State's...

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