BRILEY v. BASS

No. 84-4001.

750 F.2d 1238 (1984)

James Dyral BRILEY, Appellant, v. Gary L. BASS, Warden, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 28, 1984.


Attorney(s) appearing for the Case

James X. Dempsey, Washington, D.C. (Arnold & Porter, Washington, D.C., Gerald T. Zerkin, Zerkin, Wright & Heard, Richmond, Va., Richard J. Wertheimer, Washington, D.C., on brief), for appellant.

Donald R. Curry, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen., Richmond, Va., on brief), for appellee.

Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.


WILKINSON, Circuit Judge:

James Dyral Briley, under sentence of death for two capital murders, appeals from the dismissal of his petition for a writ of habeas corpus by the United States District Court. We find no merit in his contentions, and we affirm the decision of the District Court.

Petitioner was convicted in a bifurcated jury trial in the Circuit Court of the City of Richmond, Virginia, in January 1980 of the capital murder of five year old Harvey...

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