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BARNES v. THOMPSON

Nos. 94-4001, 94-4002.

58 F.3d 971 (1995)

Herman Charles BARNES, Petitioner-Appellee, v. Charles E. THOMPSON, Warden, Respondent-Appellant. Herman Charles BARNES, Petitioner-Appellant, v. Charles E. THOMPSON, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1995.

As Amended August 10, 1995.

Attorney(s) appearing for the Case

ARGUED: Eugene Paul Murphy, Asst. Atty. Gen., Office of the Attorney General, Richmond, VA, for appellant. Benjamin Sorrells Boyd, Piper & Marbury, Washington, DC, for appellee. ON BRIEF: James S. Gilmore, III, Atty. Gen. of Virginia, Office of the Atty. Gen., Richmond, VA, for appellant. Donald R. Lee, Jr., Virginia Capital Representation Resource Center, Richmond, VA, for appellee.

Before MURNAGHAN, LUTTIG, and WILLIAMS, Circuit Judges.

Reversed in part and affirmed in part by published opinion. Judge LUTTIG wrote the majority opinion, in which Judge WILLIAMS joined. Judge MURNAGHAN wrote an opinion concurring in the judgment.

OPINION

LUTTIG, Circuit Judge:

The United States District Court for the Eastern District of Virginia vacated the death sentence of habeas corpus petitioner Herman Barnes, holding that the Commonwealth withheld exculpatory evidence in contravention of...

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