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MEADOWS v. LEGURSKY

Nos. 86-6748, 87-7628.

904 F.2d 903 (1990)

David MEADOWS, Plaintiff-Appellee, v. Carl LEGURSKY, Defendant-Appellant. Sam Blackburn ACORD, Petitioner-Appellant, v. Jerry HEDRICK, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 1, 1990.

As Amended June 7, 1990.

Rehearing and Rehearing Denied June 27, 1990.

Attorney(s) appearing for the Case

Thomas J. Gillooly, Deputy Atty. Gen., Charleston, W.Va., for defendant-appellant in No. 86-6748 and plaintiff-appellee in No. 87-7628.

Deborah Lynn McHenry, Charleston, W.Va., for plaintiff-appellee in No. 86-6748. Lee H. Adler, Beckley, W.Va., for defendant-appellant in No. 87-7628.

Roger W. Tompkins, Atty. Gen., Charleston, W.Va., on the brief, for defendant-appellant in No. 86-6748 and plaintiff-appellee in No. 87-7628.

James A. McLaughlin, West Virginia University College of Law, Morgantown, W.Va., on the brief, for plaintiff-appellee in No. 86-6748.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, CHAPMAN, WILKINSON and WILKINS, Circuit Judges, sitting en banc.

Rehearing and Rehearing In Banc Denied in No. 87-7628 June 27, 1990.

K.K. HALL, Circuit Judge:

These consolidated cases raise questions about the role of the federal courts in deciding issues of constitutional law on collateral review of state court convictions. Sam Blackburn Acord appeals from the district court order dismissing with prejudice his petition brought pursuant to 28 U.S.C. § 2254. David Meadows...

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