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BUSTOS v. WHITE

No. 07-6598.

521 F.3d 321 (2008)

Jose BUSTOS, Petitioner-Appellee, v. William WHITE, Warden of Broad River Correctional Institution; Henry Dargan McMaster, Attorney General of South Carolina, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 28, 2008.

Attorney(s) appearing for the Case

ARGUED: William Edgar Salter, III, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellants. Margaret A. Chamberlain, Greenville, South Carolina, for Appellee. ON BRIEF: Henry D. McMaster, Attorney General, John W. Mcintosh, Chief Deputy Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellants.

Before WILKINSON and TRAXLER, Circuit Judges, and LIAM O'GRADY, United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge WILKINSON and Judge O'GRADY joined.

OPINION

TRAXLER, Circuit Judge:

William White, Warden of Broad River Correctional Institution, and Henry D. McMaster, Attorney General of South Carolina, appeal a district court order granting a conditional writ of habeas corpus to Jose Bustos. We reverse and remand for entry of...

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