Clifton A. Pearce v. State of North Carolina & Warden R. L. Turner, 397 F.2d 253 (4th Cir. 1968). · Go Syfert
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Clifton A. Pearce v. State of North Carolina & Warden R. L. Turner, 397 F.2d 253 (4th Cir. 1968). Cases Citing This Book View Copy Cite
16 citation events (1 in the last 25 years) across 9 distinct courts.
Strongest positive: United States v. Richard Bullock Henry, A/K/A Imari Abubakari Obadele, United States of America v. Wayne James, A/K/A Offoga Quaddus, and Thomas Norman, A/K/A Hekima Ana (ca5, 1983-06-28)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Richard Bullock Henry, A/K/A Imari Abubakari Obadele, United States of America v. Wayne James, A/K/A Offoga Quaddus, and Thomas Norman, A/K/A Hekima Ana
5th Cir. · 1983 · confidence medium
Pearce v. North Carolina, 397 F.2d 253, 254 (4th Cir.1968).
cited Cited as authority (rule) United States v. Henry
5th Cir. · 1983 · confidence medium
Pearce v. North Carolina, 397 F.2d 253, 254 (4th Cir.1968).
Retrieving the full opinion text from the archive…
Clifton A. PEARCE, Appellee,
v.
STATE OF NORTH CAROLINA and Warden R. L. Turner, Appellants
12256_1.
Court of Appeals for the Fourth Circuit.
Oct 28, 1968.
397 F.2d 253
T. W. Bruton, Atty. Gen. of North Carolina, Andrew A. Vanore, Ji., and Dale Shepherd, Staff Attorneys, Office of Attorney General of North Carolina, on brief for appellants., Larry B. Sitton, Greensboro, N. C. (Court-assigned counsel) and Smith, Moore, Smith, Schell & Hunter, Greensbor, N. C., on brief for appellee.
Haynsworth, Bryan, Winter.
Cited by 16 opinions  |  Published
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. 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.