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WAYE v. TOWNLEY

Nos. 88-4004, 88-4005.

871 F.2d 18 (1989)

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

United States Court of Appeals, Fourth Circuit.

Decided March 28, 1989.

Rehearing and Rehearing Denied April 11, 1989.

Attorney(s) appearing for the Case

J. Lloyd Snook, III, Charlottesville, for petitioner-appellant.

Linwood Theodore Wells, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Richmond, Va., on brief) for respondent-appellee.

Before WIDENER, WILKINSON, and WILKINS, Circuit Judges.

Rehearing and Rehearing In Banc Denied April 11, 1989.

WILKINS, Circuit Judge:

Alton Waye appeals the district court affirmance of the dismissal of his petition for a writ of habeas corpus under 28 U.S.C.A. § 2254 (West 1977). We affirm.

I.

In 1978 Waye was convicted of capital murder in Virginia. At trial, the evidence showed that Waye drove to the residence of a 61-year-old widow and requested...

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