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HOLDREN v. LEGURSKY

No. 92-6258.

16 F.3d 57 (1994)

Larry David HOLDREN, Petitioner-Appellant, v. Carl LEGURSKY, Warden, West Virginia Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 7, 1994.

Attorney(s) appearing for the Case

ARGUED: Larry Harless, Evans, West Virginia, for Appellant. Michael John Basile, Assistant Attorney General, Charleston, West Virginia, for Appellee. ON BRIEF: Mario J. Palumbo, Attorney General, Teresa A. Tarr, Senior Assistant Attorney General, Charleston, West Virginia, for Appellee.

Before WIDENER and LUTTIG, Circuit Judges, and DOUMAR, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WIDENER, Circuit Judge:

Larry David Holdren appeals the district court's denial of his habeas petition. We address his claims in turn, and we affirm.

On December 28, 1982, Mrs. Cheryl Martin-Schroeder was jogging after work along the Kanawha riverfront in Charleston, West Virginia. Shortly after Mrs. Martin-Schroeder began jogging, Holdren approached her and pushed her down a hill towards the river. A struggle ensued as Holdren dragged Mrs...

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