Opinion · Court of Appeals for the Fourth Circuit
Clifton A. Pearce v. State of North Carolina and Warden R. L. Turner
Clifton A. Pearce v. State of N.C. & Warden R. L. Turner, 397 F.2d 253 (4th Cir. 1968)
- Type
- Opinion
- Court
- Court of Appeals for the Fourth Circuit
- Jurisdiction
- Federal
- Date
- 1968-10-28
- Topic
- general
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 *254 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.
Citator
UpLaw has not yet analyzed Clifton A. Pearce v. State of North Carolina and Warden R. L. Turner. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 16 opinions
Larry B. Sitton, Greensboro, N.C. (Court-assigned counsel) and Smith, Moore, Smith, Schell Hunter, Greensbor, N.C., on brief for appellee.
In this appeal, the State of North Carolina frankly asks us to reconsider our decision inPattonin 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 ofPatton,the order of the district court is
Affirmed.Page 263