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MACKALL v. MURRAY

No. 95-4018.

109 F.3d 957 (1997)

Tony Albert MACKALL, Petitioner-Appellant, v. Edward W. MURRAY, Director, Virginia Department of Corrections; Charles E. Thompson, Warden, Mecklenburg State Correctional Facility; Commonwealth of Virginia, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 25, 1997.

Rehearing Granted; Opinion Vacated May 21, 1997.

Attorney(s) appearing for the Case

ARGUED: Donald Robert Lee, Virginia Capital Representation Resource Center, Richmond, VA, for Petitioner-Appellant. Pamela Anne Rumpz, Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Respondents-Appellees. ON BRIEF: Joseph N. Bowman, Alexandria, VA, Mark Olive, Barbara L. Hartung, Virginia Capital Representation Resource Center, Richmond, VA, for Petitioner-Appellant. James S. Gilmore, III, Attorney General, Office of the Attorney General, Richmond, VA, for Respondents-Appellees.

Before MURNAGHAN and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing En Banc Granted; Opinion Vacated May 21, 1997.

Affirmed in part and reversed and remanded in part by published opinion. Judge ERVIN wrote the opinion, in which Judge MURNAGHAN and Senior Judge BUTZNER joined.

OPINION

ERVIN, Circuit Judge:

Virginia death-row inmate Tony Albert Mackall petitioned the district court for a writ of habeas corpus, claiming among other things that his trial counsel had been ineffective. The district court...

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