Ralph William Fuller v. D. G. Luther, Superintendent, Department of Corrections ( 1978 )

K. K. HALL, Circuit Judge,

dissenting:

Although the District Court, by adopting the magistrate’s findings and conclusions, applied the farce and mockery standard, the record reveals that counsel met the stricter standard of Marzullo v. Maryland, 561 F.2d 540 (4th Cir. 1977). In the post-conviction proceeding, the North Carolina Superior Court held a hearing and made findings of fact sufficient for use by the District Court in the resolution of this issue. Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963). Applying the proper legal standard to the facts of this case, I believe the District Court’s decision was correct and I would affirm.