MOORE v. HARDEE

Nos. 12-6679, 12-6727.

723 F.3d 488 (2013)

Thomas MOORE, Jr., Petitioner-Appellee, v. Michael A. HARDEE; Reuben Franklin Young, Respondents-Appellants. Thomas Moore, Jr., Petitioner-Appellant, v. Michael A. Hardee; Alvin William Keller, Jr., Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 22, 2013.


Attorney(s) appearing for the Case

ARGUED: Clarence Joe DelForge, III , North Carolina Department of Justice, Raleigh, North Carolina, for Appellants/Cross-Appellees. Laura Celeste Grimaldi , North Carolina Prisoner Legal Services, Inc, Raleigh, North Carolina, for Appellee/Cross-Appellant. ON BRIEF: Roy Cooper , Attorney General of the State of North Carolina, Raleigh, North Carolina, for Appellants/Cross-Appellees.

Reversed in part and affirmed in part by published opinion. Judge DUNCAN wrote the opinion, in which Judge KEENAN and Judge NORTON joined.


DUNCAN, Circuit Judge:

A North Carolina jury convicted petitioner-appellee Thomas Moore, Jr. of first-degree burglary and assault with a deadly weapon with intent to kill inflicting serious injury. After Moore exhausted his direct appeals and state post-conviction remedies, he petitioned the district court for a federal writ of habeas corpus under 28 U.S.C. § 2254.

The district court granted the writ. It found that the North Carolina post-conviction court...

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