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BRILEY v. BASS

No. 84-6243.

742 F.2d 155 (1984)

Linwood E. BRILEY, Petitioner-Appellant, v. Gary L. BASS, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 23, 1984.

Attorney(s) appearing for the Case

William H. Allen, Washington, D.C. (William E. O'Brian, Jr., Timothy C. Hester, Covington & Burling, Washington, D.C., Deborah C. Wyatt, Charlottesville, Va., on brief), for petitioner-appellant.

James E. Kulp, Sr. Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen., Richmond, Va., on brief), for respondent-appellee.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The petitioner in this habeas proceeding was convicted in a two-stage trial of capital murder and sentenced to death by a judge and jury in the Circuit Court for the City of Richmond, Virginia. He appealed the conviction and sentence to the Virginia Supreme Court, which affirmed the conviction and sentence.1 Application for certiorari was denied by the United States Supreme

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