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BREARD v. NETHERLAND

Civil Action No. 3:96CV366.

949 F.Supp. 1255 (1996)

Angel BREARD, Petitioner, v. J.D. NETHERLAND, Warden, Respondent.

United States District Court, E.D. Virginia, Richmond Division.

November 27, 1996.

Attorney(s) appearing for the Case

Michele J. Brace, Mark Evan Olive, Virginia Capital Representation Resource Center, Richmond, VA and Jill Misage, Franklin Brawner Greer, William G. Broaddus, Alexander H. Slaughter, Dorothy Campbell Young, McGuire, Woods, Battle & Boothe, Richmond, VA, for petitioner.

Donald Richard Curry, Office of the Attorney General, Richmond, VA, for respondent.

MEMORANDUM OPINION

RICHARD L. WILLIAMS, Senior District Judge.

This matter is before the Court on respondent's motion to dismiss the petition for a writ of habeas corpus. For the reasons set forth below, the Court GRANTS the motion.

I. Background

Mr. Breard was convicted of the rape and stabbing death of thirty-nine year old Ruth Dickie. The Virginia Supreme Court, affirming...

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