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CLANTON v. MUNCY

No. 88-4002.

845 F.2d 1238 (1988)

Earl CLANTON, Jr., Petitioner-Appellee, v. Raymond MUNCY, Warden; Edward Murray, Director, Department of Corrections; Attorney General of the State of Virginia, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 14, 1988.

Attorney(s) appearing for the Case

Robert S. Smith (Clyde Allison, Maxine S. Pfeffer, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, William B. Moffitt, Lisa Bondareff Kemler, William B. Moffitt & Associates, Alexandria, Va., for petitioner-appellee.

Thomas Drummond Bagwell, Asst. Atty. Gen., Jerry Paul Slonaker, Sr. Asst. Atty. Gen., Richmond, Va., for respondents-appellants.

Before WIDENER, HALL, and WILKINSON, Circuit Judges.

PER CURIAM:

Before the Court is the Commonwealth of Virginia's motion to vacate a stay of execution entered by the United States District Court for the Eastern District of Virginia. The stay was entered on the basis of a petition for writ of habeas corpus filed by Earl Clanton, Jr., who challenges a death sentence scheduled to be carried out in his case. Having reviewed the record in this expedited appeal and heard oral argument, we now grant the Commonwealth's motion...

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