WAYE v. TOWNLEY

No. 89-4007.

884 F.2d 762 (1989)

Alton WAYE, Petitioner-Appellant, v. Sherman L. TOWNLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1989.


Attorney(s) appearing for the Case

Gerald Thomas Zerkin, Karen Lynn Ely-Pierce, Gerald T. Zerkin & Associates, Richmond, Va., Richard Hudson Burr, III, NAACP Legal and Educational Defense Fund, for petitioner-appellant.

Mary Sue Terry, Atty. Gen. of Virginia, Linwood Theodore Wells, Jr., Asst. Atty. Gen., Richmond, Va., for respondent-appellee.

Before WIDENER, WILKINSON, and WILKINS, Circuit Judges.


PER CURIAM:

Alton Waye, a Virginia death row inmate, moves for a stay of execution pending his appeal of the denial by the district court of his motion under Federal Rule of Civil Procedure 60(b) for relief from the judgment previously entered in this case denying his petition for a writ of habeas corpus. Waye was granted a certificate of probable cause to appeal. Due to the exigent nature of this matter, we began immediate consideration of Waye's contentions upon...

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