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TICE v. JOHNSON

No. 09-8245.

647 F.3d 87 (2011)

Derek Elliott TICE, Petitioner-Appellee, v. Gene M. JOHNSON, Director of Virginia Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 20, 2011.

Attorney(s) appearing for the Case

ARGUED: Stephen R. McCullough , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellant. Christopher Todd Handman , Hogan Lovells US LLP, Washington, D.C., for Appellee. ON BRIEF: Kenneth T. Cuccinelli II , Attorney General of Virginia, E. Duncan Getchell, Jr. , State Solicitor General, Virginia B. Theisen , Senior Assistant Attorney General, Charles E. James, Jr. , Chief Deputy Attorney General, Steven T. Buck , Deputy Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellant. Melissa N. Henke , Georgetown University Law Center, Washington, D.C.; E. Desmond Hogan , Thomas J. Widor , Liana G.T. Wolf , Hogan & Hartson, LLP, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER and Judge CONRAD joined.

OPINION

KING, Circuit Judge:

William Bosko, stationed aboard the frigate USS Simpson following Navy basic training, debarked to the pier in Norfolk, Virginia, during the afternoon of July 8, 1997, having spent the week at sea. Bosko hoped to reunite at the pier with his bride of three months, Michelle. When Michelle failed to show up, Bosko supposed that his wife had started her new job and was unable to meet him as arranged, so he took a taxicab...

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