MEMORANDUM
MERHIGE, District Judge.
This matter is before the Court on Joseph Patrick Payne, Sr.'s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Payne is held under penalty of death at the Mecklenburg Correctional Center as a result of his conviction on April 29, 1986, in the Circuit Court of Powhatan County on charges of capital murder. Payne filed the instant petition and an accompanying motion for evidentiary hearing on...
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