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BOGGS v. BAIR

Nos. 88-4010, 88-4012.

892 F.2d 1193 (1989)

Richard T. BOGGS, Petitioner-Appellee, v. Toni V. BAIR, Warden; Edward W. Murray, Director; Mary Sue Terry, Attorney General, Respondents-Appellants. Richard T. BOGGS, Petitioner-Appellant, v. Toni V. BAIR, Warden; Edward W. Murray, Director; Mary Sue Terry, Attorney General, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 12, 1989.

Rehearing and Rehearing Denied January 9, 1990.

Attorney(s) appearing for the Case

Robert H. Anderson, III, Asst. Atty. Gen. Richmond, Va. (Mary Sue Terry, Atty. Gen., Stuart, Va., on brief), for respondents-appellants.

Jefferson McClure Gray (Bruce R. Genderson, Williams & Connolly, Washington, D.C., on brief), for petitioner-appellee.

Before WIDENER and SPROUSE, Circuit Judges, and DUPREE, Senior District Judge for the Eastern District of North Carolina, sitting by designation.

Rehearing and Rehearing En Banc Denied January 9, 1990.

WIDENER, Circuit Judge:

This is a case in which Richard T. Boggs was sentenced to death for the capital murder of Mrs. Treeby Shaw, a neighbor of Boggs.

After his conviction and sentence were affirmed on appeal, Boggs sought habeas corpus relief in the state courts, which was denied. He then filed a petition for habeas corpus relief in the federal district court. The district court denied habeas...

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