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EVANS v. THOMPSON

No. 88-4007.

881 F.2d 117 (1989)

Wilbert Lee EVANS, Petitioner-Appellant, v. Charles THOMPSON, Superintendent, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 2, 1989.

Rehearing and Rehearing Denied August 28, 1989.

Attorney(s) appearing for the Case

Thomas Francis Connell (Arthur F. Mathews, Thomas W. Jeffrey, Washington, D.C., Wilmer, Cutler & Pickering, Jonathan Shapiro, on brief) for petitioner-appellant.

Robert H. Anderson, III, Richmond, Va., (Mary Sue Terry, Atty. Gen. of Va., Stuart, Va., Donald R. Curry, Sr. Asst. Atty. Gen., on brief) for respondent-appellee.

Before HALL and WILKINSON, Circuit Judges, and DOUMAR, United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing In Banc Denied August 28, 1989.

WILKINSON, Circuit Judge:

Petitioner was convicted of capital murder and sentenced to death. Following a confession of error by the prosecution, he was resentenced to death by a new jury. Petitioner contends that his resentencing was barred by the Ex Post Facto Clause, the Equal Protection Clause, and the Due Process Clause. He further argues that during resentencing he was denied his constitutional...

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