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EVANS-SMITH v. TAYLOR

No. 92-6347.

19 F.3d 899 (1994)

William EVANS-SMITH, Petitioner-Appellant, v. John B. TAYLOR, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 21, 1994.

Attorney(s) appearing for the Case

ARGUED: Gerald Thomas Zerkin, Gerald T. Zerkin & Associates, Richmond, VA, for appellant. John H. McLees, Jr., Asst. Atty. Gen., Richmond, VA, for appellee. ON BRIEF: Robert Godfrey, Kristine H. Smith, Gerald T. Zerkin & Associates, Richmond, VA; Ann B. Vance, Brooks & Vance, Leesburg, Virginia, for appellant. Stephen D. Rosenthal, Atty. Gen. of Virginia, Richmond, VA, for appellee.

Before HALL, PHILLIPS, and MURNAGHAN, Circuit Judges.

OPINION

MURNAGHAN, Circuit Judge:

Appellant, William Evans-Smith, is serving a twenty-year sentence at Virginia's Staunton Correctional Center for the 1985 murder of his wife, Barbara Evans-Smith. He was first convicted after a jury trial and sentenced to five years imprisonment in August 1985. That conviction was overturned on appeal to the Virginia Court of Appeals on the ground that much of the evidence used to...

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