The light in Ralph's bedroom was on and the bed clothes had been pulled back revealing a blood smear on the mattress. A small file box next to that chair had been opened and contained a latent fingerprint. 38 revolver was found under a cushion behind a footstool and a bloody knife blade was found under the cushion of an easy chair. There was no sign of a forced entry *696 however, the living room furniture had been knocked over. When the police arrived, they found a bloody wallet without any money in it between Ralph's legs. and found Ralph lying on the floor with a pair of scissors embedded in his chest. Finding this strange, Leroy rushed to his brother's home around 8:00 a.m. On Sunday morning, Leroy called his brother, but there was no answer. Ralph and Leroy made plans to meet for breakfast the next morning. During the conversation, Ralph relayed to his brother that he told Petitioner to vacate the trailer and Petitioner agreed to do so the next day. on January 24, Ralph called his brother and told him the Petitioner had been at his house trying to sell him a couch. Leroy said his brother was known to carry a large sum of money in cash, typically $5,000 in $100 bills.Īt about 2:00 a.m. Leroy affixed one note to the front door of the trailer and the other to the back door. Leroy also testified that he had spent the day before the murder with his brother who wrote two notes ordering the Petitioner to vacate the trailer. However, Ralph had been trying to evict Petitioner for about three months prior to his murder in the early morning hours of Sunday, January 24, 1993. From time to time, Petitioner could not pay the rent and Ralph occasionally allowed him to perform work in lieu of rent. Leroy Childress testified that his brother, Ralph, owned a trailer which was leased to the Petitioner. 470, 461 S.E.2d 664(1995), and the trial transcripts submitted by the parties. The facts are taken from the North Carolina Supreme Court decision in State v. For the reasons stated herein, the petition is denied. Rule 8(a), Rules Governing Section 2254 Cases in the United States District Courts. The undersigned concludes the record is adequate and finds an evidentiary hearing is unnecessary. Respondent has also filed a response to the petition. Both parties have filed motions for summary judgment and submitted portions of the record for review as well as legal briefs. THIS MATTER is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. Department of Justice, Raleigh, NC, for Respondent.
Ozer, Chapel Hill, NC, for Petitioner.Įdwin W. LEE, Warden, Central Prison, Raleigh, North Carolina, Respondent. 2d 693(2000) Ronald Wayne FRYE, Petitioner,
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