Pearce v. State of North Carolina, No. 12256.

CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)
Writing for the CourtPER CURIAM
Citation397 F.2d 253
PartiesClifton A. PEARCE, Appellee, v. STATE OF NORTH CAROLINA and Warden R. L. Turner, Appellants.
Docket NumberNo. 12256.
Decision Date19 June 1968

397 F.2d 253 (1968)

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

No. 12256.

United States Court of Appeals Fourth Circuit.

Submitted June 10, 1968.

Decided June 19, 1968.

Certiorari Granted October 28, 1968.


T. W. Bruton, Atty. Gen. of North Carolina, Andrew A. Vanore, Jr., 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.

Before HAYNSWORTH, Chief Judge, and BRYAN and WINTER, Circuit Judges.

Certiorari Granted October 28, 1968. See 89 S.Ct. 258.

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 Carolina,

397 F.2d 254
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.

To continue reading

Request your trial
15 practice notes
  • U.S. v. Henry, Nos. 81-4107
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 28, 1983
    ...fact that Pearce was sentenced to a longer term after his successful post-conviction attack and cited Patton. Pearce v. North Carolina, 397 F.2d 253, 254 (4th Cir.1968). It is therefore to the opinion in Patton that we must look for the reasoning of the Court of Appeals that was subsequentl......
  • North Carolina v. Pearce Simpson v. Rice, Nos. 413 and 418
    • United States
    • United States Supreme Court
    • June 23, 1969
    ...60 days, the federal court ordered his release. This order was affirmed by the United States Court of Appeals for the Fourth Circuit, 397 F.2d 253, in a brief per curiam judgment citing its Patton decision, and we granted certiorari. 393 U.S. 922, 89 S.Ct. 28 , 21 L.Ed.2d 258. In No. 418 th......
  • State v. Sparrow
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • May 13, 1970
    ...upon failure of the State court to resentence him within sixty days. This order was affirmed by the Fourth Circuit Court of Appeals. (397 F.2d 253). The United States Supreme Court granted Certiorari and in affirming the lower court 'Due process of law, then, requires that vindictiveness ag......
  • State v. Spencer, No. 46
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • May 13, 1970
    ...his release upon failure of the State Court to resentence him within sixty days. The Fourth Circuit Court of Appeals Page 772 affirmed, 397 F.2d 253. The United States Supreme Court granted certiorari and laid down the rule that vindictiveness must not play a part in the sentence a defendan......
  • Request a trial to view additional results
15 cases
  • U.S. v. Henry, Nos. 81-4107
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 28, 1983
    ...fact that Pearce was sentenced to a longer term after his successful post-conviction attack and cited Patton. Pearce v. North Carolina, 397 F.2d 253, 254 (4th Cir.1968). It is therefore to the opinion in Patton that we must look for the reasoning of the Court of Appeals that was subsequentl......
  • North Carolina v. Pearce Simpson v. Rice, Nos. 413 and 418
    • United States
    • United States Supreme Court
    • June 23, 1969
    ...60 days, the federal court ordered his release. This order was affirmed by the United States Court of Appeals for the Fourth Circuit, 397 F.2d 253, in a brief per curiam judgment citing its Patton decision, and we granted certiorari. 393 U.S. 922, 89 S.Ct. 28 , 21 L.Ed.2d 258. In No. 418 th......
  • State v. Sparrow
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • May 13, 1970
    ...upon failure of the State court to resentence him within sixty days. This order was affirmed by the Fourth Circuit Court of Appeals. (397 F.2d 253). The United States Supreme Court granted Certiorari and in affirming the lower court 'Due process of law, then, requires that vindictiveness ag......
  • State v. Spencer, No. 46
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • May 13, 1970
    ...his release upon failure of the State Court to resentence him within sixty days. The Fourth Circuit Court of Appeals Page 772 affirmed, 397 F.2d 253. The United States Supreme Court granted certiorari and laid down the rule that vindictiveness must not play a part in the sentence a defendan......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT