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TUGGLE v. NETHERLAND

No. 94-4005.

79 F.3d 1386 (1996)

Lem David TUGGLE, Petitioner-Appellee, v. J.D. NETHERLAND, Warden, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1996.

Attorney(s) appearing for the Case

ARGUED: Donald Richard Curry, Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant. Timothy Michael Kaine, Mezzullo & McCandlish, Richmond, Virginia, for Appellee.

ON BRIEF: James S. Gilmore, III, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Appellant. Helen L. Konrad, Mezzullo & McCandlish, Richmond, Virginia; Donald R. Lee, Jr., Virginia Capital Representation Resource Center, Richmond, Virginia, for Appellee.

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

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

OPINION

HAMILTON, Circuit Judge.

In Ake v. Oklahoma, 470 U.S. 68, 83, 105 S.Ct. 1087, 1096, 84 L.Ed.2d 53 (1985), the Supreme Court held, inter alia, that when the prosecutor in a capital sentencing hearing presents psychiatric evidence of an indigent defendant's future...

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