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GRAY v. THOMPSON

Nos. 94-4009, 94-4011.

58 F.3d 59 (1995)

Coleman Wayne GRAY, Petitioner-Appellee, v. Charles E. THOMPSON, Warden, Mecklenburg Correctional Center, Respondent-Appellant. Coleman Wayne GRAY, Petitioner-Appellant, v. Charles E. THOMPSON, Warden, Mecklenburg Correctional Center, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1995.

Attorney(s) appearing for the Case

ARGUED: John H. McLees, Jr., Asst. Atty. Gen., Richmond, VA, for appellant. Paul G. Turner, Christian, Barton, Epps, Brent & Chappell, Richmond, VA, for appellee. ON BRIEF: James S. Gilmore, III, Atty. Gen., Richmond, VA, for appellant. Donald R. Lee, Jr., Virginia Capital Representation Resource Center, Richmond, VA, for appellee.

Before HALL, WILKINSON, and WILKINS, Circuit Judges.

Reversed and remanded with instructions to dismiss by published opinion. Judge WILKINSON wrote the opinion, in which Judge WILKINS joined. Judge HALL wrote a concurring opinion.

OPINION

WILKINSON, Circuit Judge:

Coleman Wayne Gray was convicted of capital murder in a Virginia court. Gray exhausted his state remedies and then petitioned for a writ of habeas corpus, alleging, inter alia, that his sentencing violated the Due Process Clause. On...

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