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POPE v. NETHERLAND

Nos. 96-17, 96-18.

113 F.3d 1364 (1997)

Carlton Jerome POPE, Petitioner-Appellee, v. J.D. NETHERLAND, Warden, Respondent-Appellant. Carlton Jerome POPE, Petitioner-Appellant, v. J.D. NETHERLAND, Warden, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 1997.

Attorney(s) appearing for the Case

ARGUED: Katherine P. Baldwin, Assistant Attorney General, Office of the Attorney General, Richmond, VA, for Appellant. Steven M. Umin, Williams & Connolly, Washington, DC, for Appellee. ON BRIEF: James S. Gilmore, III, Attorney General of Virginia, Office of the Attorney General, Richmond, VA, for Appellant. Kevin T. Baine, Regina G. Maloney, John T. Parry, Williams & Connolly, Washington, DC, for Appellee.

Before WILKINSON, Chief Judge, HALL, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Reversed in part and affirmed in part by published opinion. Senior Judge BUTZNER wrote the opinion, in which Chief Judge WILKINSON and Judge HALL joined. Chief Judge WILKINSON wrote a concurring opinion.

OPINION

BUTZNER, Senior Circuit Judge:

The Commonwealth of Virginia, acting through one of its wardens, J.D. Netherland, appeals a judgment of the district court granting a writ of habeas corpus to Carlton Jerome Pope who had been sentenced to death...

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