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BURKET v. ANGELONE

No. 99-7.

208 F.3d 172 (2000)

Russel William BURKET, Petitioner-Appellant, v. Ronald ANGELONE, Director, Virginia Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 27, 2000.

Attorney(s) appearing for the Case

ARGUED: Mark Evan Olive, The Law Offices of Mark E. Olive, P.A., Tallahassee, Florida, for Appellant. Robert Quentin Harris, Office of the Attorney General, Richmond, Virginia, for Appellee. ON BRIEF: Timothy P. Schardl, The Law Offices of Mark E. Olive, P.A., Tallahassee, Florida; Andrew A. Protogyrou, Knight, Dudley, Clark & Dolph, Norfolk, Virginia, for Appellant. Mark L. Earley, Attorney General of Virginia, Robert H. Anderson, III, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee.

Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge LUTTIG and Judge DIANA GRIBBON MOTZ joined.

OPINION

HAMILTON, Senior Circuit Judge

On January 19, 1994, in the Circuit Court for Virginia Beach, Virginia, Russel William Burket (Burket) pled guilty to, inter alia, capital murder, see Va.Code Ann. § 18.2-31. For that crime, the state trial court sentenced him to death. After exhausting his state...

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