HAWKINS v. FREEMAN

No. 96-7539.

166 F.3d 267 (1999)

Irving Houston HAWKINS, Petitioner-Appellant, v. Franklin FREEMAN, Secretary for the North Carolina Department of Correction; J.V. Turlington, Superintendent, Pender Correctional Institute, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 20, 1999.

Rehearing Granted, Opinion Vacated March 26, 1999.


Attorney(s) appearing for the Case

ARGUED: Kelly M. Baldrate, Third Year Law Student, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Clarence Joe DelForge, III, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Neal L. Walters, James D. Jones, Third Year Law Student, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Michael F. Easley, Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.

Before MURNAGHAN and ERVIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


Rehearing En Banc Granted, Opinion Vacated March 26, 1999.

Reversed and remanded with instructions to grant the petition by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge ERVIN joined. Senior Judge PHILLIPS wrote a dissenting opinion.

OPINION

MURNAGHAN, Circuit Judge:

In 1981, Irving Hawkins was sentenced to fifty years of imprisonment in North Carolina as a habitual felon. After receiving contradictory notifications...

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