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NOLAND v. DIXON

No. C-C-88-217-M.

831 F.Supp. 490 (1993)

John Thomas NOLAND, Jr., Petitioner, v. Gary DIXON, Warden, Central Prison, Raleigh, North Carolina, Respondent.

United States District Court, W.D. North Carolina, Charlotte Division.

September 3, 1993.

Attorney(s) appearing for the Case

James P. Cooney, III, Kennedy Covington Lobdell & Hickman, Charlotte, NC, for petitioner.

Joan H. Byers, Special Deputy Atty., Barry S. McNeill, Atty. Gen. of N.C., Dept. of Justice, Raleigh, NC, for respondent.

MEMORANDUM OF DECISION AND ORDER

McMILLAN, District Judge.

SUMMARY

A.

PETITIONER IS ENTITLED TO HABEAS CORPUS RELIEF FOR THE FOLLOWING REASONS:

CLAIM 1. THE COURT'S INSTRUCTIONS ERRONEOUSLY REQUIRED JURY UNANIMITY IN DETERMINING MITIGATING FACTORS AT THE SENTENCING PHASE;

CLAIM 3. PETITIONER RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL AT THE TRIAL;

CLAIM 4. PETITIONER'S RIGHTS TO DUE PROCESS...

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