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NOLAND v. FRENCH

Nos. 97-10, 97-11.

134 F.3d 208 (1998)

John Thomas NOLAND, Jr., Petitioner-Appellee, v. James B. FRENCH, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellant. John Thomas NOLAND, Jr., Petitioner-Appellant, v. James B. FRENCH, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 7, 1998.

Attorney(s) appearing for the Case

ARGUED: Barry Steven McNeill, Special Deputy Attorney General, North Carolina Department Of Justice, Raleigh, NC, For Appellant. James Patrick Cooney, III, Kennedy, Covington, Lobdell & Hickman, L.L.P., Charlotte, NC, For Appellee. ON BRIEF: Michael F. Easley, Attorney General Of North Carolina, North Carolina Department Of Justice, Raleigh, NC, For Appellant.

Before ERVIN, HAMILTON, and LUTTIG, Circuit Judges.

Affirmed in part and reversed in part by published opinion. Judge ERVIN wrote the opinion, in which Judge HAMILTON and Judge LUTTIG joined.

OPINION

ERVIN, Circuit Judge:

John Thomas Noland filed a petition seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1994). The district court granted Noland's petition with regard to his sentence, ordering the State of North Carolina to conduct a new sentencing hearing. It ruled that the jury...

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