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VIRGINIA DEPT. OF STATE POLICE v. WASHINGTON POST

No. 04-1375.

386 F.3d 567 (2004)

VIRGINIA DEPARTMENT OF STATE POLICE, Appellant, v. THE WASHINGTON POST; THE VIRGINIAN PILOT; RICHMOND TIMESDISPATCH; Associated Press; Virginia Press Association; Media General Operations, Incorporated, Appellees, Earl Washington, Jr., Plaintiff-Appellee, and Kenneth H. Buraker; Charles Jones; Harlan Lee Hart; Gerald Yancey; Gary L. Close; Denny M. Slane; Terry Schrum; Curtis Reese Wilmore; Luther Cox; Denny A. Zeets; Town Of Culpeper, Virginia; Fauquier County, Virginia; Mary L. Jones, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: October 1, 2004.

Attorney(s) appearing for the Case

ARGUED: James Owen Towey, Assistant Attorney General, Office Of The Attorney General Of Virginia, Richmond, Virginia, for Appellant. Peter J. Neufeld, Cochran Neufeld & Scheck, L.L.P., New York, New York; John G. Kester, Williams & Connolly, Washington, D.C., for Appellees. ON BRIEF: ON BRIEF: Jerry W. Kilgore, Attorney General, Martin L. Kent, Assistant Attorney General, Richmond, Virginia, for Appellant. Eric M. Freedman, New York, New York; Robert T. Hall, Hall, Sickels, Rostant, Frei & Kattenburg, P.C., Reston, Virginia, for Earl Washington, Jr.; Conrad M. Shumadine, Willcox & Savage, P.C., Norfolk, Virginia, for The Virginian-Pilot; Craig T. Merritt, Christian & Barton, L.L.P., Richmond, Virginia, for Media General Operations, Inc., t/a The Richmond Times-Dispatch, Associated Press, and Virginia Press Association; Dane H. Butswinkas, Kenneth J. Brown, Williams & Connolly, L.L.P., Washington, D.C., for The Washington Post.

Before WIDENER and SHEDD, Circuit Judges, and David R. HANSEN, Senior Circuit Judge of the United States Court of

Affirmed in part and remanded in part by published opinion. Judge SHEDD wrote the opinion, in which Judge WIDENER and Senior Judge HANSEN joined.

OPINION

SHEDD, Circuit Judge:

Earl Washington, Jr., was convicted, sentenced to death, and eventually pardoned for the 1982 murder of Rebecca Lynn Williams. The underlying case from which this appeal comes to us is Washington's civil rights lawsuit in which he challenges his arrest and conviction for the...

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