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ROYAL v. TAYLOR

No. 99-3.

188 F.3d 239 (1999)

Thomas Lee ROYAL, Jr., Petitioner-Appellant, v. John B. TAYLOR, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 16, 1999.

Attorney(s) appearing for the Case

ARGUED: Barbara Lynn Hartung, Richmond, Virginia, for Appellant. Katherine P. Baldwin, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee. ON BRIEF: Gerald T. Zerkin, Gerald T. Zerkin & Associates, Richmond, Virginia, for Appellant. Mark J. Earley, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Appellee.

Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge LUTTIG and Judge MICHAEL joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Thomas Lee Royal Jr. pled guilty to murdering Officer Kenneth Wallace, a Virginia policeman. The state court sentenced him to death. After exhausting his state remedies, Royal filed a petition for federal habeas relief, which the district court dismissed...

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