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NOTARO v. EVATT

Civ. A. No. 3:92-206-19AH.

831 F.Supp. 518 (1993)

Kenneth NOTARO, Petitioner, v. Parker EVATT, Commissioner, South Carolina Department of Corrections; and the Attorney General of South Carolina, Respondents.

United States District Court, D. South Carolina, Columbia Division.

September 30, 1993.

Attorney(s) appearing for the Case

M.M. Weinberg, Weinberg, Brown & McDougall, Sumter, SC, for petitioner.

Donald J. Zelenka, Asst. Atty. Gen. for the State of S.C., Columbia, SC, for respondents.

ORDER

SHEDD, District Judge.

Petitioner, an inmate in the custody of the South Carolina Department of Corrections, seeks a writ of habeas corpus under 28 U.S.C. § 2254, claiming that his consecutive sentences for three counts of second degree lynching under S.C.Code Ann. § 16-3-220 violate the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. This matter is now before the Court on respondents' motion for summary...

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