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ROUSE v. LEE

No. 01-12.

339 F.3d 238 (2003)

Kenneth Bernard Rouse, Petitioner-Appellant, v. R.C. Lee, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 11, 2003.

Amended September 4, 2003.

Attorney(s) appearing for the Case

ARGUED: Milton Gordon Widenhouse, Jr., RUDOLF, MAHER, WIDENHOUSE & FIALKO, Chapel Hill, North Carolina, for Appellant.

Clarence Joe DelForge, III, Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

ON BRIEF: Robert M. Hurley, CENTER FOR DEATH PENALTY LITIGATION, Durham, North Carolina, for Appellant. Roy Cooper, Attorney General, William N. Farrell, Jr., Senior Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

Before WILKINS, Chief Judge, and WIDENER, WILKINSON, NIEMEYER, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, GREGORY, and SHEDD, Circuit Judges.

Affirmed by published opinion. Judge Williams wrote the majority opinion, in which Chief Judge Wilkins and Judges Widener, Wilkinson, Niemeyer, Traxler, and Shedd concurred. Judge DIANA GRIBBON MOTZ wrote a separate dissenting opinion in which Judges Michael, King, and Gregory joined.

OPINION

WILLIAMS, Circuit Judge:

A North Carolina jury convicted Kenneth Rouse of first-degree murder, robbery with a dangerous weapon, and attempted first-degree rape...

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