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FITZGERALD v. BASS

Record No. 0511-85.

358 S.E.2d 576 (1987)

Edward B. FITZGERALD v. Gary BASS, Warden, Mecklenburg Correctional Center.

Court of Appeals of Virginia.

Rehearing En Banc Granted and Opinion Vacated October 7, 1987.

Attorney(s) appearing for the Case

Peter J. Murtha, Bradley S. Stetler, for appellant.

Robert H. Anderson, III, Asst. Atty. Gen. (William G. Broaddus, Atty. Gen., on brief), for appellee.

Present BARROW, BENTON and KEENAN, JJ.

KEENAN, Judge.

Edward Fitzgerald appeals from the denial of his petition for a writ of habeas corpus. The issues we address are: (1) whether Fitzgerald was improperly denied an evidentiary hearing on certain claims; (2) whether the testimony of prosecution witness, Wilbur Caviness, deprived Fitzgerald of due process; and, (3) whether Fitzgerald was denied effective assistance of counsel. We dismiss that part of Fitzgerald's appeal which deals with his capital murder...

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