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WELLS v. MURRAY

No. 86-7683.

831 F.2d 468 (1987)

Eugene Kevin WELLS, Plaintiff-Appellant, v. Edward MURRAY, Director, Virginia Department of Corrections, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 13, 1987.

Attorney(s) appearing for the Case

Deborah C. Wyatt (Gordon & Wyatt, Jeffrey M. Gleason, Martin & Martin, Charlottesville, Va., on brief), for plaintiff-appellant.

Frank Snead Ferguson, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen. of Virginia, Richmond, Va., on brief), for defendant-appellee.

Before WINTER, Chief Judge, and MURNAGHAN and ERVIN, Circuit Judges.

ERVIN, Circuit Judge.

This is an appeal from the dismissal of Eugene Kevin Wells's federal habeas corpus petition. Wells shot and killed a teenager who had vandalized his car. At trial in Virginia state court, there was conflicting evidence as to whether this shooting was accidental or not. The jury convicted Wells of first degree murder and use of a firearm in the commission of a felony. After his appeal to the Virginia Supreme Court was dismissed, Wells petitioned...

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