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GIARRATANO v. PROCUNIER

Nos. 89-4003, 89-4006.

891 F.2d 483 (1989)

Joseph M. GIARRATANO, Petitioner-Appellant, v. Raymond K. PROCUNIER, Director Virginia Department of Corrections, Respondent-Appellee (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided December 7, 1989.

Rehearing and Rehearing Denied January 24, 1990.

Attorney(s) appearing for the Case

Richard Hudson Burr, III (Julius L. Chambers, Charlotte, N.C., Gerald T. Zerkin, Karen L. Ely-Pierce, Richmond, Va., Edward L. Wolf, Arnold & Porter, Washington, D.C., J. Gray Lawrence, Jr., Howell, Daugherty, Brown & Lawrence, Norfolk, Va., on brief), for petitioner-appellant.

Robert Q. Harris, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Stuart, V., on brief), for respondent-appellee.

Before HALL and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied January 24, 1990.

BUTZNER, Senior Circuit Judge:

Joseph S. Giarratano, a Virginia prisoner under sentence of death, appeals the district court's denial of his petition for a writ of habeas corpus, asserting the following claims:

I. Mr. Giarratano has alleged facts which demonstrate (A) that he was incompetent to stand trial since he could not consult with counsel in the way the circumstances of his case required...

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