United States Fourth Circuit

The North Carolina Supreme Court's decision, that the state's short-form indictment for murder does not violate the Constitution, was neither contrary to, nor an unreasonable application of, clearly established Supreme Court precedent because, under state law, first and second degree murder are not distinct crimes, but simply variations of the common law crime of murder, the elements of which are set out in the short-form indictment.

Appellate Information

• Argued 01/25/2002
• Decided 03/05/2002
• Published 03/05/2002

Judges

• Before WILKINSON, Chief Judge, and WILKINS and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Benjamin Dowling Sendor, Office of the Appellate Defender, Durham, North Carolina, for Appellant.  Gerald Patrick Murphy, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Heather Wells, Edwin L. West, III, P.L.L.C., Wilmington, North Carolina, for Appellant.  Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.