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MURPHY v. NETHERLAND

Nos. 96-14, 96-21.

116 F.3d 97 (1997)

Mario Benjamin MURPHY, Petitioner-Appellant, v. J.D. NETHERLAND, Warden, Respondent-Appellee. Mario Benjamin MURPHY, Petitioner-Appellant, v. J.D. NETHERLAND, Warden, Respondent-Appellee. United Mexican States, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 19, 1997.

Attorney(s) appearing for the Case

ARGUED: Robert Franklin Brooks, Sr., Hunton & Williams, Richmond, Virginia, for Appellant. Donald Richard Curry, Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee. ON BRIEF: William H. Wright, Jr., Hunton & Williams, Richmond, Virginia; Michele J. Brace, Virginia Capital Representation Resource Center, Richmond, Virginia, for Appellant. James S. Gilmore, III, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Appellee. Professor John Charles Boger, Chapel Hill, North Carolina; Professor John B. Quigley, Ohio State University College of Law, Columbus, Ohio; S. Adele Shank, Columbus, Ohio, for Amicus Curiae.

Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.

Dismissed by published opinion. Judge LUTTIG wrote the opinion, in which Judge NIEMEYER and Judge MICHAEL concur.

OPINION

LUTTIG, Circuit Judge:

Appellant Mario Murphy pleaded guilty in the Circuit Court of the City of Virginia Beach to murder-for-hire and to conspiracy to commit capital murder and was sentenced to death. He now appeals the federal district court's denial of his habeas petition, in which he argued that the Commonwealth of Virginia...

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