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BROWN v. DIXON

Nos. 88-4008, 88-4009.

891 F.2d 490 (1989)

David Junior BROWN, Petitioner-Appellee, v. Gary DIXON, Warden, Central Prison, Respondent-Appellant. David Junior BROWN, Petitioner-Appellant, v. Gary DIXON, Warden, Central Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 11, 1989.

Attorney(s) appearing for the Case

Richard N. League, Sp. Deputy Atty. Gen. (Lacy H. Thornburg, Atty. Gen. of North Carolina, Dept. of Justice, Raleigh, N.C., on brief), for respondent-appellant.

Robert Steven Mahler (Marshall Dayan, North Carolina Death Penalty Resource Center, Raleigh, N.C., on brief); Bruce T. Cunningham, Jr. (Pollock, Fullenwider, Cunningham & Patterson, P.A., Southern Pines, N.C., on brief), for petitioner-appellee.

Before ERVIN, Chief Judge, and RUSSELL and CHAPMAN, Circuit Judges.

ERVIN, Chief Judge:

David Junior Brown is a prisoner of the State of North Carolina under two sentences of death for first-degree murder. Brown advanced thirty challenges to his conviction and sentence in his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The district court denied relief from the conviction on seventeen grounds. The court ordered relief from sentence on three claims and left the remaining ten, all bearing on the penalty phase of Brown...

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