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NICKERSON v. LEE

No. 91-7574.

971 F.2d 1125 (1992)

Frank R. NICKERSON, Petitioner-Appellant, v. T.A. LEE; Attorney General of North Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 23, 1992.

As Amended August 12, 1992.

Attorney(s) appearing for the Case

Caryn Cherlin, Student Atty., Appellate Advocacy Clinic, Washington College of Law, The American University, Washington, D.C. (Jennifer Lyman, on the brief), for petitioner-appellant.

Richard Norwood League, Sp. Deputy Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C. (Lacy H. Thornburg, Atty. Gen., Clarence J. DelForge, III, Asst. Atty. Gen., on the brief), for respondents-appellees.

Before HALL and LUTTIG, Circuit Judges, and KELLAM, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

LUTTIG, Circuit Judge:

Appellant Frank R. Nickerson, a state prisoner, appeals from a decision of the United States District Court for the Middle District of North Carolina denying his petition for a writ of habeas corpus. We affirm.

I.

On March 30, 1985, Frank Nickerson shot and killed Willie E. Mitchell after finding Mitchell in bed with Nickerson's ex-wife. On October 25, 1985, Nickerson was convicted of first-degree murder in...

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