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GRAY v. NETHERLAND

Nos. 94-4009, 94-4011.

99 F.3d 158 (1996)

Coleman Wayne GRAY, Petitioner-Appellee, v. J.D. NETHERLAND, Warden, Mecklenburg Correctional Center, Respondent-Appellant. Coleman Wayne GRAY, Petitioner-Appellant, v. J.D. NETHERLAND, Warden, Mecklenburg Correctional Center, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

October 31, 1996.

Attorney(s) appearing for the Case

James S. Gilmore, III, Attorney General of Virginia, John H. McLees, Jr., Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant. Donald R. Lee, Jr., Framme, Macaulay & Lee, L.C., Richmond, Virginia; Mark Evan Olive, Virginia Capital Representation Resource Center, Richmond, Virginia, for Appellee.

Before WILKINSON, Chief Judge, and HALL and WILKINS, Circuit Judges.

Remanded with directions by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge K.K. HALL and Judge WILKINS joined.

OPINION

WILKINSON, Chief Judge:

This case comes before us on remand from the Supreme Court. We must determine whether petitioner Coleman Wayne Gray raised a claim of "prosecutorial misrepresentation" as to the nature of evidence to be used during the sentencing phase of a capital murder trial. We hold that this...

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