Criminal Procedure keyed to Kamisar
Ross v. Moffit
This case is the result of the consolidation of two separate cases in which an indigent defendant was convicted in the trial court of the respective counties of Mecklenburg and Guilford, North Carolina. Each defendant pursued his appeal of right to the North Carolina Court of Appeals, where each was represented by court appointed counsel. The convictions were affirmed. Each defendant proceeded to pursue discretionary appeals and habeas corpus relief. The Mecklenburg defendant was denied court appointed counsel by the Mecklenburg County Superior Court and habeas corpus petitions in state and federal court. After exhausting all state remedies, the defendant appealed to the Court of Appeals for the Fourth Circuit and then appealed the denial of that Court . The Guilford defendant was permitted to be represented by court appointed counsel in his appeal to the North Carolina Supreme Court. He was, however, denied court appointed counsel in his attempts to seek other post conviction relief.
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