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FITZGERALD v. THOMPSON

No. 90-4009.

943 F.2d 463 (1991)

Edward B. FITZGERALD, Petitioner-Appellant, v. Charles E. THOMPSON, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 26, 1991.

Attorney(s) appearing for the Case

Bradley Specht Stetler, Office of Public Defender, Burlington, Vt., argued (Peter J. Murtha, Washington, D.C., on brief), for petitioner-appellant.

Robert H. Anderson, III, Asst. Atty. Gen., Office of the Atty. Gen., Richmond, Va., argued (Mary Sue Terry, Atty. Gen. of Virginia, Office of the Atty. Gen., on brief), for respondent-appellee.

Before RUSSELL and WILKINSON, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

OPINION

WILKINSON, Circuit Judge:

Appellant Edward B. Fitzgerald seeks habeas corpus relief under 28 U.S.C. § 2254 from his conviction and sentencing for capital murder, armed robbery, rape, abduction with intent to defile, and burglary. Finding no error in the district court's decision to dismiss Fitzgerald's petition, we affirm its judgment.

I.

On the night of November 13, 1980, Fitzgerald and Daniel Johnson broke into a home where...

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