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PERRY v. LEEKE

No. 86-7645.

832 F.2d 837 (1987)

Donald Ray PERRY, Plaintiff-Appellee, v. William D. LEEKE, Commissioner, South Carolina Department of Corrections; Attorney General of South Carolina, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 5, 1987.

Attorney(s) appearing for the Case

Donald John Zelenka, Chief Deputy Atty. Gen., Columbia, S.C., for defendant-appellant.

W. Gaston Fairey (Fairey & Parise, P.A., Columbia, S.C. on brief) for plaintiff-appellee.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, CHAPMAN, WILKINSON and WILKINS, Circuit Judges, sitting in banc.

WILKINSON, Circuit Judge:

Donald Ray Perry was convicted of murder, kidnapping, and criminal sexual assault. He sought a writ of habeas corpus on the ground that he was not permitted to confer with his counsel during a fifteen minute trial recess between direct and cross-examination. The district court ordered that the writ should issue unless Perry was retried within a reasonable period. Because any error at the state trial did not prejudice Perry under the standard...

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