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McDOUGALL v. DIXON

No. 88-4003.

921 F.2d 518 (1990)

Michael Van McDOUGALL, Petitioner-Appellant, v. Gary DIXON, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 19, 1990.

Attorney(s) appearing for the Case

James C. Fuller, Jr., Thorp, Fuller & Slifkin, P.A., Raleigh, N.C., argued (Margaret E. Karr, Thorp, Fuller & Slifkin, P.A., Raleigh, N.C., Richard A. Rosen, University of North Carolina School of Law, Chapel Hill, N.C., on brief), for petitioner-appellant.

Barry Steven McNeill, Asst. Atty. Gen., N.C. Dept. of Justice, Raleigh, N.C., argued (Lacy H. Thornburg, Atty. Gen., N.C. Dept. of Justice, Raleigh, N.C., on brief), for respondent-appellee.

Before PHILLIPS, CHAPMAN and WILKINS, Circuit Judges.

CHAPMAN, Circuit Judge:

Michael Van McDougall appeals the district court's denial of his petition for a writ of habeas corpus. He claims errors of constitutional dimension in his trial which resulted in his convictions of felonious assault, kidnapping and first degree murder, and his sentence of death imposed as a result of the murder conviction. His claims of error are:

1. That the jury instructions at the sentencing phase violated his right under Lockett...

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