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TUGGLE v. THOMPSON

No. 94-4005.

57 F.3d 1356 (1995)

Lem Davis TUGGLE, Petitioner-Appellee, v. C.E. THOMPSON, Warden, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1995.

Attorney(s) appearing for the Case

ARGUED: Donald Richard Curry, Sr. Asst. Atty. Gen., Office of Atty. Gen., Richmond, VA, for appellant. Timothy Michael Kaine, Mezzullo & McCandlish, Richmond, VA, for appellee. ON BRIEF: James S. Gilmore, III, Atty. Gen. of Virginia, Richard B. Smith, Asst. Atty. Gen., Office of Atty. Gen., Richmond, VA, for appellant. Helen L. Konrad, Mezzullo & McCandlish, Richmond, VA; Barry A. Weinstein, Donald R. Lee, Jr., Virginia Capital Representation Resource Center, Richmond, VA, for appellee.

Before WIDENER and HAMILTON, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Reversed and remanded with instructions by published opinion. Senior Judge CHAPMAN wrote the opinion, in which Judge WIDENER and Judge HAMILTON joined.

OPINION

CHAPMAN, Senior Circuit Judge:

This is an appeal by the warden of the Mecklenburg Correctional Center from a judgment of the United States District Court for the Western District of Virginia which granted a writ of habeas corpus to Lem Davis Tuggle (Tuggle), who was convicted of capital murder...

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