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ROSE v. LEE

Nos. 00-11, 00-12.

252 F.3d 676 (2001)

John Hardy ROSE, Petitioner-Appellant, v. R.C. LEE, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee. John Hardy Rose, Petitioner-Appellee, v. R.C. Lee, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 24, 2001.

Attorney(s) appearing for the Case

ARGUED: Michael L. Minsker, Higgins Minsker, P.L.L.C., Charlotte, North Carolina, for Appellant.

Valerie Blanche Spalding, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

ON BRIEF: Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

OPINION

WILLIAMS, Circuit Judge:

A North Carolina jury convicted John Hardy Rose of capital murder for the murder of Patricia Stewart. Following a capital sentencing proceeding, the jury recommended, and the trial court imposed, a sentence of death. After exhausting all available state remedies, Rose petitioned the United States District Court for the Western District of North Carolina for a writ of habeas corpus. See 28 U.S.C.A. § 2254 (West...

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