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WILSON v. LINDLER

No. 92-6613.

995 F.2d 1256 (1993)

Irvin Jefferson WILSON, Petitioner-Appellee, v. Richard S. LINDLER, Warden, McCormick Correctional Institution; State of South Carolina; Attorney General of South Carolina; T. Travis Medlock, Attorney General, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 11, 1993.

Order Granting Rehearing and Vacating Decision August 2, 1993.

Attorney(s) appearing for the Case

Donald John Zelenka, Chief Deputy Atty. Gen., Columbia, SC, for appellants.

Parks Nolan Small, Federal Public Defender, Columbia, SC, for appellee.

Before WIDENER, PHILLIPS, and HAMILTON, Circuit Judges.

Order Granting Rehearing En Banc and Vacating Decision August 2, 1993.

OPINION

HAMILTON, Circuit Judge:

The State of South Carolina (State) appeals from the conditional grant of a writ of habeas corpus issued by the district court setting aside the state conviction of petitioner-appellee, Irvin Jefferson Wilson (Wilson). For reasons stated below, we affirm.

I

As a result of a fire in his...

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