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EPPERLY v. BOOKER

No. 92-6128.

997 F.2d 1 (1993)

Stephen M. EPPERLY, Petitioner-Appellant, v. E.L. BOOKER, Warden; Attorney General of the Commonwealth of Virginia, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 15, 1993.

Attorney(s) appearing for the Case

Edward Leigh Hogshire, Buck, Hogshire & Tereskerz, James Albert Trigg, Charlottesville, VA, argued, for petitioner-appellant.

Robert H. Anderson, III, Asst. Atty. Gen., Office of the Attorney General, Richmond, VA, argued (Mary Sue Terry, Atty. Gen. of VA, Office of the Attorney General, on the brief), for respondents-appellees.

Before PHILLIPS, WILKINSON, and WILLIAMS, Circuit Judges.

OPINION

PHILLIPS, Circuit Judge:

In 1980, Stephen M. Epperly was convicted by a Virginia jury of the first-degree murder of Gina Hall. He received a life sentence. Neither Hall's body nor a weapon was ever found; there were no eyewitnesses to the killing; and Epperly never confessed. Thus, the evidence of Hall's death and of Epperly's complicity in it was entirely circumstantial.

Epperly's conviction was affirmed on direct appeal. Epperly v. Commonwealth...

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