[Download] "Howell v. Barker" by United States Court of Appeals for the Fourth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Howell v. Barker
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 24, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
KISER, District Judge. The appellee, Wilton Howell, filed this petition for writ of habeas corpus in the United States District Court for the Eastern District of North Carolina on October 14, 1986. As a ground for relief, he asserts a due process violation arising out of a delay by the Bladen County Sheriff's Department in the service of his arrest warrant and the return of an indictment for robbery with a dangerous weapon, as a result of which he was unable to locate an alibi witness for use at his trial.1 The petition for writ of habeas corpus was first heard by Magistrate Alexander Denson, who recommended that the petition for habeas relief be granted and the indictment against Howell be dismissed. The district court, on objections to the magistrate's recommendations, affirmed the magistrate's finding of a due process violation, but rejected the magistrate's remedy. The district court held that the writ should issue and ordered a retrial. Howell v. Barker, 684 F. Supp. 132 (E.D.N.C. 1988). The State of North Carolina appealed. We affirm.