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NAKELL v. ATTORNEY GENERAL OF NORTH CAROLINA

No. 92-6226.

15 F.3d 319 (1994)

Barry NAKELL, Petitioner-Appellant, v. ATTORNEY GENERAL OF NORTH CAROLINA, Respondent-Appellee. North Carolina Academy of Trial Lawyers; North Carolina Civil Liberties Union-Legal Foundation, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 27, 1994.

Attorney(s) appearing for the Case

ARGUED: Norman Barrett Smith, Smith, Follin & James, Greensboro, NC, for Appellant. Clarence Joe DelForge, III, Asst. Atty. Gen., Raleigh, NC, for Appellees. ON BRIEF: Michael F. Easley, Atty. Gen. of North Carolina, Raleigh, NC, for Appellees. Robert P. Mosteller, Duke Law School, Durham, NC, for Amici Curiae.

Before ERVIN, Chief Judge, and MURNAGHAN and WILKINS, Circuit Judges.

OPINION

ERVIN, Chief Judge:

Barry Nakell was convicted of criminal contempt in the Superior Court of Robeson County, North Carolina before Judge I. Beverly Lake, Jr. on November 16, 1989. Nakell has both paid the $500 fine and served the 10 day jail sentence imposed by Judge Lake. After exhausting all available state court remedies, Nakell filed a petition for a writ of habeas corpus in the United States District Court for the Eastern District of North Carolina...

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