WOLFE v. CLARKE

No. 12-7.

718 F.3d 277 (2013)

Justin Michael WOLFE, Petitioner-Appellee, v. Harold W. CLARKE, Director, Virginia Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 22, 2013.


Attorney(s) appearing for the Case

ARGUED: Matthew P. Dullaghan , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellant. Ashley Charles Parrish , King & Spalding, LLP, Washington, D.C., for Appellee. ON BRIEF: Kenneth T. Cuccinelli, II , Attorney General, Katherine B. Burnett , Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellant. Michele J. Brace , Virginia Capital Representation Resource Center, Charlottesville, Virginia; Daniel J. King, King & Spalding, LLP, Atlanta, Georgia; Daniel S. Epps , Karen F. Grohman , King & Spalding, LLP, Washington, D.C., for Appellee.

Vacated and remanded by published opinion. Judge KING wrote the majority opinion, in which Judge DUNCAN joined. Judge THACKER wrote an opinion concurring in part and dissenting in part.


OPINION

KING, Circuit Judge:

These habeas corpus proceedings on behalf of Justin Michael Wolfe are before us for the third time, and they arrive saddled with a protracted and eventful history. Most recently, in 2012, we affirmed the judgment entered in the Eastern District of Virginia vacating Wolfe's 2002 state court convictions for capital murder and other crimes, and we remanded for further proceedings, leaving in place the district court's remedial edict...

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