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CORRELL v. THOMPSON

Nos. 94-4007, 94-4012.

63 F.3d 1279 (1995)

Walter Milton CORRELL, Jr., Petitioner-Appellee, v. Charles E. THOMPSON, Warden, Mecklenburg Correctional Facility, Respondent-Appellant. Walter Milton CORRELL, Jr., Petitioner-Appellant, v. Charles E. THOMPSON, Warden, Mecklenburg Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 1995.

Attorney(s) appearing for the Case

ARGUED: Katherine P. Baldwin, Asst. Atty. Gen., Office of the Atty. Gen., Richmond, VA, for appellant. Joseph D. Tydings, Anderson, Kill, Olick & Oshinsky, Washington, DC, for appellee. ON BRIEF: James S. Gilmore, III, Atty. Gen. of Virginia, Office of the Atty. Gen., Richmond, VA, for appellant. Lois Casaleggi Wolf, Anderson, Kill, Olick & Oshinsky, Washington, DC; Robert E. Pokusa, Kevin P. Sherburne, Paul, Hastings, Janofsky & Walker, Washington, DC; Donald R. Lee, Michele Brace, Virginia Capital Representation Resource Center, Richmond, VA, for appellee.

Before WILKINSON and WILKINS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Vacated and remanded with instructions by published opinion. Judge WILKINS wrote the opinion, in which Judge WILKINSON and Senior Judge PHILLIPS joined.

OPINION

WILKINS, Circuit Judge:

Walter Milton Correll, Jr. brought this action1 pursuant to 28 U.S.C.A. § 2254 (West 1994), challenging the constitutionality of his Virginia convictions for capital murder and robbery and...

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