Moffitt v. Blackledge
Decision Date | 20 April 1972 |
Docket Number | Civ. No. 2842. |
Citation | 341 F. Supp. 853 |
Court | U.S. District Court — Western District of North Carolina |
Parties | Claude Franklin MOFFITT, Petitioner, v. Dr. Stanley BLACKLEDGE, Warden of Central Prison, and State of North Carolina, Respondents. |
No appearance for petitioner.
Jacob L. Safron, Asst. Atty. Gen., Raleigh, N. C., for respondents.
Claude Franklin Moffitt petitioned this court on February 26, 1971 for a writ of habeas corpus. In an order filed September 17, 1971 the petition was dismissed and all claims denied. In a letter dated November 15, 1971 (which for these purposes is treated as a formal motion) Moffitt, in essence, has asked the court to reconsider the ruling on one of his allegations, and to reconsider the denial of a certificate of probable cause.
Petitioner's fourth allegation in his original petition was that the state failed to appoint counsel for him to file a petition for certiorari in the North Carolina Supreme Court. In rejecting this claim, the September 17, 1971 order stated:
Moffitt argues that N.C.G.S. § 7A-451 and State v. May, 8 N.C.App. 423, 174 S.E.2d 633 (1970), require an opposite result.
N.C.G.S. § 7A-451 reads in relevant part:
We read the statute differently than does petitioner. An indigent is entitled to have a lawyer at his trial, and for...
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Ross v. Moffitt 8212 786
...respondent again sought federal habeas relief, this time in the United States District Court for the Middle District of North Carolina, 341 F.Supp. 853. That court denied relief, and respondent took an appeal to the Court of Appeals for the Fourth The Court of Appeals reversed the two Distr......
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Morgan v. Yancy County Dept. of Corrections
...while a certificate of probable cause is granted the judgment of the district court is affirmed. Affirmed. 1 Moffitt v. Blackledge, 341 F.Supp. 853 (W.D.N.C.1972). Although that case was appealed to this court and was ultimately considered by the Supreme Court sub nom. Ross v. Moffitt, 417 ......
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Crum v. State
... ... However, Ross v. Moffitt, 417 U.S. 600, 94 S.Ct. 2437, 41 L.Ed.2d 341; D.C., 341 F.Supp. 853, holds unequivocally that the state is under no obligation to indigents to match ... ...