CLIFTON A. PEARCE, APPELLEE,
v.
STATE OF NORTH CAROLINA AND WARDEN R. L. TURNER, APPELLANTS
CLIFTON A. PEARCE, APPELLEE,
STATE OF NORTH CAROLINA AND WARDEN R. L. TURNER, APPELLANTS
397 F.2d 253
United States Court of Appeals for the Fourth Circuit (1968)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM:
The district court issued a writ of habeas corpus and ordered the release of petitioner for the reason that he had served the maximum term imposed on him at his original trial notwithstanding that on retrial, after successful post-conviction attack, he was sentenced to a longer term. The action was taken on the authority of our decision in Patton v. State of North Caro lina, 381 F. 2d 636 (4 Cir. 1967), cert. den., North Carolina v. Patton, 390 U.S. 905, 88 S.Ct. 818, 19 L.Ed. 871 (1968).
In this appeal, the State of North Carolina frankly asks us to reconsider our decision in Patton in the light of cases considered therein which reached a contrary conclusion and subsequent decisions which have failed to follow it. This we decline to do; and because the issue on appeal is so narrow, we concluded to dispense with oral argument.
On the authority of Patton, the order of the district court is Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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North Carolina v. Pearce, 395 U.S. 711 (U.S. 1969)
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United States v. Henry, 709 F.2d 298 (5th Cir. 1983)
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Efrain Rivera Colon v. E. A. "Doug" Hendry, 408 F.2d 864 (5th Cir. 1969)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Patton v. State OF N.C., 381 F.2d 636 (4th Cir. 1967)
- Walker v. Kansas, 390 U.S. 905 (U.S. 1968)
- Glens Falls Ins. Co. v. United States for the Use of Newton Lumber & Mfg. Co., 390 U.S. 905 (U.S. 1968)