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HOKE v. NETHERLAND

Nos. 95-4012, 95-4013.

92 F.3d 1350 (1996)

Ronald Lee HOKE, Sr., Petitioner-Appellee, v. J.D. NETHERLAND, Warden, Respondent-Appellant. Ronald Lee HOKE, Sr., Petitioner-Appellant, v. J.D. NETHERLAND, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1996.

Attorney(s) appearing for the Case

ARGUED: Pamela Anne Rumpz, Assistant Attorney General, Office of Attorney General, Richmond, Virginia, for Appellant. Gerald Thomas Zerkin, Gerald T. Zerkin & Associates, Richmond, Virginia, for Appellee. ON BRIEF: James S. Gilmore, III, Attorney General of Virginia, Office of Attorney General, Richmond, Virginia, for Appellant. Donald R. Lee, Virginia Capital Representation Resource Center, Richmond, Virginia; Brian F. Kenney, Miles & Stockbridge, P.C., Fairfax, Virginia, for Appellee.

Before RUSSELL, HALL, and LUTTIG, Circuit Judges.

Reversed by published opinion. Judge LUTTIG wrote the majority opinion, in which Judge RUSSELL joined. Judge HALL wrote a dissenting opinion.

OPINION

LUTTIG, Circuit Judge:

Petitioner, Ronald Lee Hoke, Sr., was convicted in 1986 of capital murder in the robbery, rape, and abduction of Virginia C. Stell. The United States District Court for the Eastern District of Virginia granted Hoke's writ of habeas corpus, vacated his death sentence, and...

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