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ARNOLD v. EVATT

No. 95-4019.

113 F.3d 1352 (1997)

John D. ARNOLD, Petitioner-Appellant, v. Parker EVATT, Commissioner, South Carolina Department of Corrections; T. Travis Medlock, Attorney General, State of South Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 14, 1997.

Attorney(s) appearing for the Case

ARGUED: Edmund Heyward Robinson, Cambridge, Massachusetts; Michael Patrick O'Connell, Assistant Federal Public Defender, Charleston, South Carolina, for Appellant. Lauri J. Soles, Assistant Attorney General, Columbia, South Carolina, for Appellees. ON BRIEF: Charles Molony Condon, Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Columbia, South Carolina, for Appellees.

Before RUSSELL, NIEMEYER, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge RUSSELL wrote the opinion, in which Judge NIEMEYER and Judge MOTZ joined.

OPINION

DONALD S. RUSSELL, Circuit Judge:

In the early morning hours of April 12, 1978, cousins John Arnold and John Plath, who were in their early twenties, along with their respective eleven-year-old and seventeen-year-old girlfriends, Carol Ullman and Cindy Sheets, borrowed a friend's car and went looking for wild mushrooms. During their...

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