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GASKINS v. McKELLAR

No. 89-4011.

916 F.2d 941 (1990)

Donald Henry GASKINS, Petitioner-Appellant, v. Kenneth D. McKELLAR, Warden, Central Correctional Institution; Attorney General of South Carolina, T. Travis Medlock, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 15, 1990.

Rehearing and Rehearing Denied November 16, 1990.

Attorney(s) appearing for the Case

John Henry Blume, III (argued), South Carolina Death Penalty Resource Center, Columbia, S.C., for petitioner-appellant.

Frank Louis Valenta, Jr., Asst. Atty. Gen., Donald J. Zelenka, Chief Deputy Atty. Gen., T. Travis Medlock, Atty. Gen. (on brief), Columbia, S.C., for respondents-appellees.

Before ERVIN, Chief Judge, and PHILLIPS and CHAPMAN, Circuit Judges.

Rehearing and Rehearing In Banc Denied November 16, 1990.

PHILLIPS, Circuit Judge:

Donald Henry Gaskins, a South Carolina prison inmate under sentence of death for capital murder, appeals the district court's denial of an evidentiary hearing and dismissal of his 28 U.S.C. § 2254 petition for failure to show entitlement to federal collateral relief. We affirm.

I

Gaskins' victim, fellow death row inmate Rudolph Tyner, had been sentenced...

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