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SEXTON v. FRENCH

No. 98-9.

163 F.3d 874 (1998)

Michael Earl SEXTON, Petitioner— Appellant, v. James B. FRENCH, Warden, Central Prison, Raleigh, North Carolina, Respondent—Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1998.

Attorney(s) appearing for the Case

ARGUED: Irving L. Joyner, Durham, North Carolina, for Appellant. Valerie Blanche Spalding, Special Deputy Attorney General, North Carolina Department Of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Tracy Hicks Barley, Pillmon-Daye & Barley, Durham, North Carolina, for Appellant. Michael F. Easley, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before WILKINSON, Chief Judge, and HAMILTON and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Chief Judge WILKINSON and Judge DIANA GRIBBON MOTZ joined.

HAMILTON, Circuit Judge:

Following a jury trial in the Superior Court for Wake County, North Carolina, Michael Earl Sexton was convicted and sentenced to death for the murder of Kimberly Crews. He now appeals the district court's denial of his petition for writ of habeas corpus. See 28 U.S.C. § 2254.

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