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Clifton A. Pearce v. State of North Carolina and Warden R. L. Turner

Clifton A. PEARCE, Appellee, v. STATE OF NORTH CAROLINA and Warden R. L. Turner, Appellants

Pearce v. N.C. & Warden R. L. Turner, 397 F.2d 253 (4th Cir. 1968)
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Subsequent history: aff'd, North Carolina v. Pearce, 395 U.S. 711 (1969). (read from the later opinion; check before relying)

Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
October 28, 1968
Docket
No. 12256_1
Judges
Haynsworth, Bryan, Winter
Citations
397 F.2d 253

Opinion — Per Curiam

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 13 cases

View all citing references →
1968: 21969: 41970: 21972: 11978: 11983: 22014: 119682026peak 1969 · 4

Relies on it most ⓘ

  1. North Carolina v. Pearce395 U.S. 711 (1969)
  2. State v. Sparrow173 S.E.2d 897 (N.C. 1970)
  3. State v. Vang847 N.W.2d 248 (Minn. 2014) · Concurrence
  4. State v. Spencer173 S.E.2d 765 (N.C. 1970)
  5. United States v. Henry709 F.2d 298 (5th Cir. 1983) · Concurrence
  6. McCulley v. State486 S.W.2d 419 (Mo. 1972)

Most recent

  1. State v. Vang847 N.W.2d 248 (Minn. 2014) · Concurrence
  2. United States v. Richard Bullock Henry v. Wayne James709 F.2d 298 (5th Cir. 1983)
  3. United States v. Henry709 F.2d 298 (5th Cir. 1983) · Concurrence
  4. State v. Jones243 S.E.2d 118 (N.C. 1978)
  5. McCulley v. State486 S.W.2d 419 (Mo. 1972)
  6. State v. Sparrow173 S.E.2d 897 (N.C. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
North Carolina v. Patton, 390 U.S. 905 (1968) 5
Patton v. North Carolina, 381 F.2d 636 (4th Cir. 1967) 117

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